Terms & Conditions
Back Office Betties, an Arizona limited liability company (“Betties”, “we” or “our”) herby agrees to provide live virtual receptionist/chat/assistant services (the “Service”) to you (“you”, “your” or “Client”) pursuant to the Terms and Conditions set forth herein (these “Terms”). No representation, warranty, term, or condition, other than as specifically set forth in these Terms, shall be binding on Betties.
Service terms are monthly, quarterly, or annual subscriptions. We also offer a 6 month high volume plan. Subscription terms will automatically review for additional, successive monthly, quarterly, 6 month, or annual terms unless and until you provide notice of cancellation.
Additional terms applicable for your subscription will be set forth in your Welcome Letter and Call Flow Blueprint, which terms are incorporated herein by reference and are binding on you.
Note: Plan minutes do not accrue or “roll-over” from one month to the next, and any plan minutes that remain unused at the end of a given month are forfeited.
Your Free Trial period ends 7 days after Services begin, or after 100 minutes of our Service have been used, whichever comes first. You will be charged for your recommended plan when your trial period ends. Notice of cancellation must be received by [email protected] before 5:00 pm PST the 7th day of Service and before 100 minutes of our Service have been used to avoid automatic processing of payment.
Note: The Free Trial is available for first-time clients only.
Requests for cancellation must be received, via email to [email protected], at least 30 days before the next billing date (i.e., the start of the next month, quarter, 6 month, or annual term).
Please note that a notice of cancellation will serve to cancel your service at the end of the current monthly, quarterly, 6 month, or annual service term, and that you will continue to be billed for, and will be obligated to pay, as liquidated damages, the remaining portion of such current month, quarter, 6 month, or annual service term. Such liquidated damages will be equal to (i) the number of months (whole or partial) remaining in the current service term, multiplied by (ii) the base price per month for the current service term; provided, that such liquidated damages will be reduced by any amounts pre-paid for the current service term. You agree that the amount of such liquidated damages is reasonable in light of the actual and anticipated harm caused by such early termination and the difficulty of proving such loss, and that such liquidated damages do not constitute a penalty.
No prepayments for Services will be refunded.
Betties may terminate your account and cease provision of the Service (i) at any time, with or without cause, upon 30 days prior written notice to you, or (ii) immediately upon written to you in the event that you breach any of these Terms. In the event of termination without breach, any prepayments will be refunded.
In addition to the recurring monthly charge, variable charges may be assessed if Client’s monthly minute use exceeds the amount allowed in their chosen plan. Variable charges will be billed one month in arrears.
Client shall, at all times, maintain a valid credit card on file. Client hereby authorizes Betties to debit Client’s credit card to satisfy any and all amounts due. Payment due dates that fall outside of Betties’ normal hours of operation may be charged the following business day. Should a payment be declined, Betties will, at their discretion, make 2 further attempts to collect payment before suspending Service.
All payments made to us are completely non-refundable.
All payments are due on receipt of invoice. Any payments not received by the 5th day after due date are subject to a late charge equal to 10% of the amount due and will result in suspension of Service until the account is brought current.
Receptionist Billable Time
Betties will only bill for actual receptionist talk time and will not round up/down. There is no charge for talk time after a call has been transferred to Client.
Hours of Operation
Monday – Friday 5:00 am – 5:00 pm PST
Basic account change requests are processed within 24 business hours.
- New Year’s Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Day
- Christmas Eve – Closed at 1 pm
- Christmas Day
Betties agrees that it will use commercially reasonable efforts to keep confidential, and not share with any party (except you) any proprietary, confidential or trade secret information received from the calling party.
Disclaimers; Limitation of Liability
THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, SECURITY, COMPLETENESS, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE SERVICE.
NEITHER BETTIES NOR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, OR AGENTS ARE RESPONSIBLE NOR LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION AND/OR YOUR USE OF THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US AND OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, AND FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OUR PROVISION AND/OR YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH IN THESE TERMS, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
IN THE EVENT OF OUR BREACH OF THESE TERMS, YOUR SOLE RECOURSE IS TO SUBMIT A NOTICE OF CANCELLATION AS SET FORTH ABOVE AND TERMINATE USE OF THE SERVICE.
You will indemnify, defend, and hold us (and our members, managers, officers, employees, subsidiaries, affiliates, partners, vendors, suppliers, counsel, insurers, representatives, and agents) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with (a) your use of the Service, (b) our provision of the Service, or (c) your breach of these Terms. Your defense and indemnification obligations will survive your use of the Service and the termination of your subscription. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms or the Service.
These Terms are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice or conflict of laws rules.
You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in Phoenix, Arizona for the purposes of any action or proceeding arising out of or relating to these Terms. You hereby waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder. If any legal action or any arbitration or other proceeding is brought in connection with these Terms and we prevail by virtue of a dismissal, default, judgment, or otherwise, we shall be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE PROVIDED PURSUANT HERETO.
Except as explicitly stated otherwise, legal notices shall be in writing and delivered to Betties at the following address: Back Office Betties, LLC, 7047 E Greenway Parkway, Suite 250, Scottsdale, AZ 85254. Attention: Legal Department, and shall be deemed given when actually received by us. Legal notices shall be delivered to you by email to the email address you provide to us during the registration process, and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, and, in such case, notice shall be deemed given three days after the date of mailing.
Back Office Betties, LLC is located at 7047 E Greenway Parkway, Suite 250, Scottsdale, AZ 85254.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law. Headings are for reference purposes only and do not limit the scope or extent of such section.
In our sole discretion, we may assign these Terms and your subscription to the Service in accordance with the Notices Section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We reserve the right to amend these Terms at any time upon written notice to you, and all such amendments will take effect 30 days after such notice.
Except as set forth above, these Terms may not be otherwise amended except in writing signed by you and us.
These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof.