Terms of service
The terms on which we answer your phone.
Before this goes live
This is a working draft, not legal advice, and it has not been reviewed by a lawyer. Have it checked before launch, particularly the liability, indemnity and cancellation clauses, which need to match your insurance and how you actually intend to trade.
What we provide, and what we do not
These terms apply between Press9 and the business named on the service order. Using the service means accepting them. We answer calls made to numbers you forward to us and handle them in accordance with the written call plan agreed between us. The call plan forms part of these terms, and prevails on matters of call handling.
We are an answering service
We do not provide legal, medical, financial, clinical or technical advice, and we are not an emergency service.
We follow the plan
Our receptionists work to the written plan and will not exceed it. Anything outside it is escalated rather than guessed.
We will not improvise
We will not give professional advice on your behalf, quote prices you have not given us in writing, or commit to times you have not authorised.
Your responsibilities
Accurate information
Give us accurate information for the call plan, and tell us when it changes.
The forward
Maintain the forward from your number, which is a matter between you and your carrier.
Contacts
Keep escalation contacts current. An out-of-date mobile number is the most common cause of a failed escalation.
Compliance
Make sure the plan complies with the laws and professional obligations of your industry, and hold any licence, registration or insurance it requires.
Emergencies
Where a plan includes directing callers to emergency services we will follow it, but you remain responsible for the adequacy of those instructions.
Lawfulness
We may suspend or cancel immediately if following your plan would require us to break the law or mislead callers.
Fees, term and cancellation
Fees are as set out on your service order, billed monthly in advance with call charges above your plan billed in arrears. Prices exclude GST unless stated otherwise. Wrong numbers, silent calls and unsolicited sales calls are not billable. Invoices are payable within 14 days and we may vary fees on 30 days written notice. The service runs month to month and either party may cancel on 30 days notice. We may suspend if fees are more than 30 days overdue.
Confidentiality, your plan, and liability
Each party will keep the other's confidential information confidential, and personal information is handled per our privacy policy. The written call plan we produce with you is yours to keep and use after the service ends; our systems, templates and processes remain ours. Nothing in these terms excludes any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
Limit
Subject to the above, our liability for any claim is limited to resupplying the service or refunding the fees paid in the three months before the claim, at our option.
Exclusions
Neither party is liable for indirect or consequential loss, including lost profits or lost business opportunity.
Carrier faults
We are not liable for calls we never received because of a carrier fault, a network outage, or a forward that was not correctly configured.
Indemnity and general
You indemnify us against claims arising from us following your call plan as written, except to the extent the claim arises from our negligence or breach of these terms. These terms are governed by the laws of New South Wales, Australia. If any provision is unenforceable it is severed and the rest continues. We may update these terms on 30 days written notice.
Questions about the terms?
Ask us before you sign rather than after. We would rather have the conversation early.