Terms and Conditions
Berkshire USA LLC DBA Berkshire Receptionists
Last Updated July 24, 2023
21-Day Money-Back Guarantee
A new client subscription with Berkshire Receptionists (BUSA) may start with a money-back guarantee period. If granted to a qualifying new client subscription by BUSA at the point of sale, the money-back guarantee period will last for the first twenty-one (21) days or the first five hundred (500) minutes of usage, whichever occurs sooner. New Clients that cancel services prior to the end of the money-back guarantee period will receive a full refund; please allow four (4) weeks for processing. This special offer is for new clients only. Prior recipients of a BUSA money-back guarantee and/or temporary/seasonal clients are not eligible for this offer.
Your service begins the day it goes live on our systems. Service will be provided until canceled in writing. Cancellation by Client shall be provided one (1) billing calendar month in advance of the desired termination date.
Services are billed in advance, plus any usage and additional charges incurred. Your first invoice may include a prorated charge if you signed up in the middle of a calendar month. Your initial charges for service represent our best estimate of what charges should apply based on our discussion with you. However, our computers monitor the operator time and telephone facilities needed to serve each client. Usage is billed from cradle to grave; from the inception of a call in our systems through its completion and any post call related work and is calculated in whole minutes with any partial minute rounded up to the next whole minute. Your actual bill will be based on the reports generated from our computer system. When necessary, prices may be increased to continue to provide service; thirty (30) days notice will be provided.
All payments should be made payable to Berkshire USA LLC (BUSA).
Each Client is required to be on autopay via ACH or credit card following their first month of service. In the event a Client refuses autopay, they will billed for their last month of service. Failure to pay for last month of service will be treated as a non-pay and will be subject to termination.
All invoices not paid by the next invoice date will incur a late charge. In addition, interest at 1.5% will start to accrue. Service may be interrupted or terminated without notice for nonpayment. Such interruption or termination does not relieve the Client of the responsibility for all accrued charges. In addition to the outstanding bill, the Client shall also be liable for all late charges, interest, collection fees, attorney’s fees, reconnection fees, and other costs incurred in the collection of monies due.
Disputing an Invoice
Unless you notify BUSA in writing within fifteen (15) days of the invoice date stated on the front of a BUSA invoice, you unconditionally accept the amounts and charges stated on the front of this invoice.
Returned Check or ACH
In the event, Client pays by check and such check is dishonored for any reason, client shall pay all bank charges incurred as a result of a dishonored check. Any returned checks will result in a $35 returned check fee. The nonpayment policy above will also apply.
Limitation of Liability
It is the policy of BUSA to provide services on a Best Efforts basis. BUSA will endeavor to manage its service in such a way that the Client receives prompt, accurate, and courteous service. However, BUSA’s liability to the Client for any negligent or non-negligent act or omission of any nature (including any failure to receive or deliver messages or any interruption of service) by BUSA or its employees or agents shall in no event exceed an amount equal to the charges payable by the Client for services for the days on which such act or omission occurred. The client releases the company from all other liability.
Termination for Convenience
BUSA reserves the right to terminate services for convenience upon seven (7) days’ written notice. Upon Notice of Termination for Convenience, BUSA shall be paid for any and all services performed through the termination date.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. You agree that any dispute, disagreement, or claim between you and BUSA arising out of or relating to: these Terms, their interpretation, or the breach thereof; our provision of the Services; your access to or use of the Services; or any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, disagreement or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution
We want to address your concerns without the necessity of a formal legal case. Before filing a claim against BUSA, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. BUSA will contact you as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within thirty (30) days after submission, you or BUSA may bring a formal dispute proceeding.
You and BUSA each agree to resolve any Dispute through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Broward County, Florida, or any other location we agree to. Arbitration fees will be governed by the AAA. Notwithstanding the foregoing, either you or BUSA may assert claims, if they qualify, in small claims court in Broward County, Florida, or any United States county where you live or work. Neither party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights without first engaging in arbitration or the informal dispute resolution process described above.
Class Action Waiver
You may only resolve Disputes with BUSA on an individual client. Class actions and consolidation with other arbitrations are not allowed under these Terms.
Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles. The Federal Arbitration Act, Florida state law, and applicable US federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign or International laws do not apply. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida to enforce these Terms or adjudicate any other Dispute, and you and BUSA each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and BUSA agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Broward County, Florida.
Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Acceptance of Terms and Conditions
By signing up for and/or using Berkshire Receptionists (BUSA) services, you agree to be unconditionally bound by our Terms and Conditions.