Terms and Conditions

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.

Term

Your service begins the day it goes live on our systems and runs through the following billing period and will automatically renew for one (1) billing period at the end of each term. 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.

Billing Practices

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. There are no refunds for prepaid fees or unused subscription fees, and you will promptly pay all unpaid fees due through the end of your term.

Payments

All payments should be made payable to Berkshire USA LLC (BUSA).

Autopay

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.

Nonpayment Policy

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.

Outbound Services

If you utilize Berkshire Receptionists’s Outbound Services, you must comply with and are responsible for adhering to all applicable federal, state, and international laws, rules, and regulations, including, but not limited to, the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. 310 et seq.), and all other marketing, telemarketing, and telecommunication rules issued by the Federal Communications Commission (FCC) and/or the Federal Trade Commission (FTC). Outbound services shall not be used for spam, fraud, or unauthorized third-party sales.

Client must promptly notify BUSA of any known violation of these rules via email at [email protected]. BUSA shall not be responsible for the content of any outbound call, SMS, email, or other communication, and Client agrees to indemnify, defend, and hold harmless BUSA against any third-party claims, demands, lawsuits, regulatory actions, or other liabilities brought against BUSA arising from or related to the Client’s outbound activities. BUSA reserves the right to block, restrict, or terminate services at any time, with or without notice, for non-compliance or suspected misuse.

i. Prior Express Written Consent (PWRC):
Client must obtain Prior Express Written Consent (PWRC) from customers before sending any automated outbound texts, calls, emails, or other communication for sales or marketing purposes. PWRC must clearly establish that the customer agrees to receive such messages.

ii. Contact Hour Restrictions:
Client must adhere to all federal, state, and international laws governing permissible contact hours for outbound communications. Specific restrictions may vary based on jurisdiction, and it is the Client’s responsibility to ensure compliance with the applicable rules in the recipient’s time zone.

iii. Evidence of Consent and Privacy Policy:
Client must maintain evidence of customer consent and have a clear Privacy Policy available on their website. The Privacy Policy must outline how customer data, including consent for automated communications, is collected, stored, and used.

Privacy Policy

You may review our Privacy Policy at any time on our website: https://www.berkshirereceptionists.com/privacy-policy/

You acknowledge that you have read, understand, and accept our Privacy Policy.

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.

Dispute Resolution

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 [email protected]. 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.

Arbitration Agreement

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.

Governing Law

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.