Rapid Serve DS

1.0 Interpretation of Terms

The following terms are used throughout these Terms of Service, Privacy Policy, and Disclaimer Notice, as well as any other related agreements:

"Terms of Service" refers to the general and specific terms, conditions, provisions,and standards that form part of the agreement, which the Purchaser must agree to in order to use the Service.
"Service" refers to the inbound or outbound telephone answering services, call center services, or any related services provided by Rapid Serve DS Answering Service, Inc. ("Rapid Serve DS").
"Purchaser" refers to the individual or company receiving the services and agreeing to these terms.
"Rapid Serve DS Answering Service" refers to Rapid Serve DS Answering Service, Inc., a corporation based in Delaware.
"Agreement" refers to this document, including any addenda, amendments, and additional agreements associated with the services.

2.0 Scope of Services

DsPro Answering Service will provide services as agreed upon with the Purchaser. These services will be performed in accordance with the Purchaser’s preferences, subject to these terms. Rapid Serve DS cannot be held responsible for any interruptions in service due to factors outside its control, such as telephone or power service failures. For training and quality assurance, Rapid Serve DS may record calls and retain audio recordings for up to 60 days, while electronic message copies will be kept for up to 90 days.

3.0 Billing and Payments

3.1 Invoicing

Rapid Serve DS generates invoices on a 7 to 28-day billing cycle. Base rate charges, service fees, and other recurring charges are billed in advance. Overage minutes or additional service charges are billed in arrears. Calls are measured in 60-second increments, with a minimum billing time of 60 seconds. Charges include inbound/outbound calls, account management, programming time, and associated minutes. Unless otherwise agreed upon, invoices are generated every 28 days and are due 28 days from the invoice date. Additional charges may apply for invoices delivered via postal mail; email invoices are free of charge. On recognized holidays, Rapid Serve DS reserves the right to charge an increased rate or flat-rate fees, at its discretion.

3.2 Payments

Payments are due upon receipt of the invoice. Failure to pay within 27 days will result in late fees, and returned checks may incur an additional fee to cover bank charges. Accounts overdue by 56 days may be suspended, and unpaid balances may be sent to a collection agency, with additional fees applied. If there are any disputes regarding an invoice, the Purchaser must notify Rapid Serve DS in writing within 28 days; otherwise, the invoice will be deemed correct and payable in full. Partial payments will be applied at the sole discretion of Rapid Serve DS.

4.0 Authorization and Verification

All services are subject to Rapid Serve DS’s approval. Rapid Serve DS reserves the right to request a letter of credit or security deposit to ensure the Purchaser's account remains in good standing. The Purchaser is responsible for all charges, even if the agreement is terminated. The Purchaser affirms they are authorized to allow Rapid Serve DS to contact and communicate via the phone numbers they provide.

5.0 Agreement Duration and Termination

The agreement begins with an initial term of 84 days from the activation of services. After the initial term, it renews on a billing cycle basis and continues unless either party cancels with 28 days’ written notice. Rapid Serve DS will not issue a refund for services already in progress. If the Purchaser engages in abusive behavior toward employees, Rapid Serve DS reserves the right to cancel or suspend services without notice.

6.0 Responsibility for Errors and Service Failures

Rapid Serve DS is not responsible for inaccuracies in communication, errors in message transmission, or service interruptions due to factors beyond its control. While Rapid Serve DS will make reasonable efforts to provide secure services, no guarantee is made regarding the accuracy of data transmission or protection against errors or delays. If an error occurs, the Purchaser must notify Rapid Serve DS in writing within 28 days. Credit for errors is at Rapid Serve DS’s discretion and will be applied to future invoices. The Purchaser’s sole remedy for errors is credit for the charges directly associated with the error.

7.0 Privacy Protection Commitment

Rapid Serve DS is committed to protecting the privacy of the Purchaser’s data. Personal information is used by authorized employees on a need-to-know basis to provide services and only in compliance with applicable laws.

8.0 Confidentiality Obligations

Both parties agree to keep confidential any sensitive information shared under this Agreement. Confidential information does not include information that is publicly known or required to be disclosed by law.

9.0 General Provisions

9.1 Revisions

Rapid Serve DS reserves the right to modify this Agreement, including the Terms of Service, at any time. Changes will be posted on the website and will be effective 28 days from the start of the next billing cycle. The Purchaser will receive notice of changes on the next invoice. If the Purchaser finds the revisions detrimental, they can terminate the affected service without further obligation.

9.2 Dispute Resolution

This Agreement is governed by the laws of the State of Delaware. In the event of legal action to collect unpaid amounts, the Purchaser agrees to pay reasonable attorney fees and court costs. The Purchaser also waives the right to a jury trial. Any legal action will take place in the courts of Delaware.

9.3 Waiver

Failure to enforce any provision of this Agreement does not waive the right to do so in the future. This Agreement may be executed in counterpart copies.

9.4 Entire Understanding

This Agreement constitutes the complete understanding between the parties regarding the subject matter and supersedes all prior agreements or understandings, whether written or oral. Any prior representations not included in this Agreement are void.