Acknowledgement and Acceptance of Terms of Service

This agreement is between "you" also referred to in this agreement as "your" or "Customer", the authorized user of our services, and The Doctors Answer L.L.C., a New Jersey limited liability corporation, also referred to in this agreement as "Company" "we" or "Service Provider". The term "Services" is described as the Customer's use of the Virtual Answering Service that is provided by the Company. By using our services, you as the Customer agree to accept all provisions in this agreement. If you are acting on behalf of your employer or a third party, you represent that you have the authority to act on their behalf.

Services Provided

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

The Customer hereby agrees to engage the Company to provide the Customer with services (the "Services") consisting of Virtual Answering Services. The main service is described as follows:

  1. Urgent Message Delivery - The Doctors Answer will contact the on-call physician and deliver urgent messages. The urgent messages are delivered in the patient's own words and the patient's caller ID is automatically recorded and relayed by the system.
  2. Urgent Message Alert - Client has the option to have message alerts sent automatically via text message, alpha pager, digital pager, email, or call patch.
  3. Routine Messages - Routine messages are recorded and sent via email or can be accessed via phone.
  4. "Who's On-Call" - With the touch of a button clients can select which doctor is on-call and the preferred method of message delivery.
  5. Email Message Delivery - Clients have the option to have routine and/or urgent messages emailed as a WAV file (smart phone compatible).
  6. Escalation List - If The Doctors Answer attempts to deliver a message and cannot reach the on-call physician, The Doctors Answer will automatically keep moving down the on-call escalation list until the message is delivered.

The Company hereby agrees to provide such Services to the Customer.

Term of Agreement

  1. Your service with the Service Provider begins upon activation and automatically continues on a monthly basis until the service is canceled as outlined in this agreement at any time by either party.
  2. In the event that the Customer wishes to terminate this Agreement, verbal or written notice may be given to a customer service agent of the Company AND a cancellation confirmation must be obtained from a Company agent.
  3. Except as otherwise provided in this Agreement, the obligations of the Company will terminate upon the earlier of the Company ceasing to be engaged by the Customer or the termination of this Agreement by the Customer or the Company.

Modification of Agreement

The Doctors Answer reserves the right to automatically amend this agreement at any time. If any changes are material we will email the address the customer supplied when the account was activated. The customer is responsible to review the website on a regular basis to stay abreast of any changes. By continuing to use the company's services, you accept any and all changes by The Doctors Answer. Otherwise, all amendments to this agreement must be made in writing and signed by both parties.

Storage Practices

The customer can access messages 24/7 through the Company's check in line. Messages stored on the check in line can be accessed for a period of (10) days. For permanent storage, messages can be emailed to the client. The client can store and play all messages just like you would all other emails. As a backup, while an active Customer of The Doctors Answer we will store all voice messages for a period of (2) two years. A message retrieval request takes 24-48 hours to process once it is sent to The Doctors Answer. Client agrees the Company has no responsibility or liability to any voice messages that have been deleted by either the customer or the Company.

Billing

  1. The Doctors Answer does not accept cash, personal checks, business checks or Echecks. All payment to the Company must be paid by the Customer's Credit Card. In exchange for the services rendered by the Company, the Customer's credit card will be AUTOMATICALLY charged on the first of each month in the amount of sixty-nine dollars ($69) per month. This charge is for one physician and increases Ten ($10.00) per month for each additional physician added to the account. A 7% Sales tax is not included in this amount and will be assessed on all sales.
  2. While this Agreement is in force, in exchange for the service being provided by the Company, sixty-nine dollars $69.00 (one physician) plus $10.00 for each additional physician plus 7% sales tax will be automatically billed to the customer's credit card on a reoccurring monthly basis. This transaction will take place on the 1st of each month.
  3. All invoices will be emailed on or around the 15th of each month to the email address the customer provides in the "set up your account" form.

Termination or Suspension

  1. By You
    You have the right to terminate your service with the Company at any time, with or without notice as long as you give verbal notice. In order to do this you must contact Customer Service by calling 1-800-571-8285 or emailing help@thedrsanswer.com . Your account will be deemed terminated once the Customer Service agent gives you a cancelation number either by phone or email.
  2. By the Company
    The company has the right to terminate or suspend service to the Customer at any time with or without notice. Upon rejection of a Customer's credit card we have the right to terminate or suspend service. We also reserve the right to assess a twenty five ($25) service charge for any declining credit card transaction. In addition, we may also impose a twenty five ($25) re-activation charge in the event your service is suspended because of non-payment.

$100 Why Not Guarantee

If you are unsatisfied with our services and decide to stop using the Company's services, we will refund your first month's service charge and we will also send you a check for one hundred dollars ($100). The following must be met in order to qualify for the guarantee:

  1. You must be on service for a full thirty (30) days.
  2. You must have received at least one (1) call per day into your virtual answering service.
  3. You must cancel your account with the Company within five (5) days after the first 30 day fulfillment period is satisfied.

Telephone numbers supplied by the Company.

You understand that the Company is providing you use of a telephone number(s) and you only have the right to use of these numbers while you are an active customer of the Company. These telephone numbers are also referred to as call forwarding numbers. Call forwarding numbers are phone numbers your practice will use to forward your calls to the Company. Each customer will be provided with a personal call forwarding number that is specifically for their own account. Once your term of services have ended with the Company you will no longer have access to the telephone numbers that we provided for your account. You also understand that the Company is the direct Customer to the phone company and has rights to all phone numbers provided under your agreement. We are NOT the telephone carrier. We are simply the Customer to the telephone carrier. We do NOT have any obligation to allow you to port the telephone number we provide you during your term of service. Once your service agreement has ended with the Company you acknowledge that any and all phone numbers that are provided by the Company during your terms of service are fully revocable at the end of the service agreement and you will NOT have any future use to these telephone numbers.

  1. Re-assignment of your call forwarding number Upon Termination
    You understand and agree that upon the termination of your account for any reason, by either by you or by the Company, your number that was provided by the Company can be immediately reassigned to another customer. You also agree the Company under no circumstances will be held liable for any damages that arise out of the reassignment of the Company's telephone number which you previously had use of during term of agreement.
  2. Our right to change your assigned call forwarding number
    You understand and agree that from time to time the Company may have to change your assigned call forwarding number. This can arise out of a Company changing internal policy or can arise out of situations beyond the Company's control. Under either situation you agree the Company under no circumstances will be held liable for any damages that arise out of the changing of your call forwarding number.

Return of Property

Upon the expiry or termination of this Agreement, the Company will return to the Customer any property, documentation, records, or confidential information which is the property of the Customer.

Privacy Policy

The Company agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the Customer, which we have obtained, except as may be necessary or desirable to further the business interests of the Customer. This obligation will survive indefinitely upon termination of this Agreement.

Notice

All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement as follows:

  1. The Doctors Answer Inc.
    PO Box 455 Rutherford, NJ 07070
  2. Email: support@thedrsanswer.com

Capacity/Independent Contractor

It is expressly agreed that the Company is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Company and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Limitation of Liability

It is understood and agreed that the Company will have no liability to the Customer or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision and use of the Services.

Indemnification

The Customer will indemnify and hold the Company harmless from any claims against the Customer by any other party, arising directly or indirectly out of the provision and use of the Services provided by the Company. Furthermore, you agree to hold harmless the Company from any liabilities, expenses, attorney fees or any other expenses and damages that may arise from use of your account with the Company.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Currency

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States dollars.

Entire Agreement

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Governing Law

It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New Jersey, without regard to the jurisdiction in which any action or special proceeding may be instituted.