Before using this website or our services, please read the Terms of Use set forth below. By using this website or our services, you agree to be bound by these Terms of Use. The services provided by VoiceNation, LLC (“VoiceNation”) are intended for business use only, not for personal use by non-business consumers. If you are registering on behalf of a corporation or limited liability company, you warrant that you have the authority to bind the company. Use of the term “you” shall include both you individually and your business (or, where applicable, your corporation or limited liability company). VoiceNation reserves the right, to the maximum extent permitted by law, to revise the Terms of Use at any time without notice and, by using this website or our services subsequent to the revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this website and our services.

1. Use of Services/Customer Responsibilities

1.1 You are fully responsible for the contents of your transmissions through our telephony/internet services (the “Services”). This applies to all services offered by VoiceNation, to include voicemail, internet fax, virtual pbx, live answering, and any other related service we offer. VoiceNation simply acts as a passive conduit for you to send and receive information of your own choosing. However, VoiceNation reserves the right to take any action with respect to the Services that VoiceNation deems necessary or appropriate in its sole discretion if VoiceNation believes you or your information may create liability for VoiceNation, compromise or disrupt the Services for you or other Customers, or cause VoiceNation to lose (in whole or in part) the services of VoiceNation’s ISPs or other suppliers. The Services make use of the telephone network and internet for you to send and receive information of your own choosing. As a result, your conduct is subject to both PSTN and internet regulations, policies and procedures.

1.2 You agree that is your responsibility as the Customer to complete your setup process. Only once your setup is complete will your forwarding telephone number be activated and the pre-set recording on your line to instruct about your setup will be removed.

1.3 You agree that if you have any problems or questions regarding your service that you will contact VoiceNation for assistance, and you agree not to dispute any charges from VoiceNation unless you have already attempted to rectify the situation directly with VoiceNation through direct written contact with VoiceNation using the contact information supplied in this Agreement.

1.4 You agree that any credits offered by VoiceNation will not be refunded to your credit card, but will be applied to your account with VoiceNation.

1.5 You agree to inform VoiceNation of any change (including expiration date) in your credit card information, which may be required in writing.

1.6 You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify VoiceNation promptly of any changes to this information as required to keep it current, complete and accurate.

1.7 You guarantee and warrant that you are the legal cardholder for this credit card and that you are legally authorized to enter into this recurring billing agreement.

1.8 You agree that termination of this recurring credit card authorization must be in writing to VoiceNation, either through use of the online account management dashboard or through written communication with VoiceNation.

1.9 You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of VoiceNation Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

1.10 You must obtain and pay for all equipment and third-party services (e.g., internet access and email service) required for you to access and use the Services.

2. Disclaimer of Representations or Warranties

2.1 The documents, graphics and images published at this website could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this website without notice. We make no commitment, however, to update the information contained in this website.

2.2 To the extent permitted by law, information on this website and all of the Services provided by VoiceNation in connection with or as described in this website are provided on an “as is” “where is” basis, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

2.3 This site may contain links to other websites which are completely independent of this website. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.

2.4 Users of this website should not rely upon opinions expressed at this website when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.

2.5 VoiceNation has no control of the content of the information passing through the Services. VoiceNation does not:

Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account;
Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right;
Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.

VoiceNation reserves the right at all times to disclose any information as VoiceNation deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

3. Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

4. Limitation of Damages

In no event shall VoiceNation, its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns (the “releasees”) be liable to any party for any punitive, direct, indirect, special, or consequential damages of any nature, arising from or associated with any use of this website, use of the releasees’ services or products, or use of any other linked website. The term “damages” includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system.

5. Ownership

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this website belong to their respective owners.

6. License

6.1 Except as expressly provided in clause 6.2, nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

6.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this website provided:

Such materials are used only for informational, non-commercial purposes; and
You do not remove or obscure the copyright notice or other notices.

7. Linking to this website

You may provide links to this website provided:

You do not remove or obscure the copyright notice, or other notices on this website;
You give us notice of such link by sending an email to [email protected]; and
You discontinue providing a link to this website if instructed to do so by us.

8. Governing Laws in Case of Dispute

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, USA, as they apply to agreements made and solely performed therein. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Georgia and jurisdiction for such disputes shall rest solely in Georgia, USA.

9. Severability

These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website or our services. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

10. Billing and Payments

10.1 By requesting, accepting, and/or utilizing the Services, you agree to provide your chosen payment method (ACH, credit card, wire transfer) as a recurring payment method and authorize the billing of your account for both the initial invoice and subsequent monthly fees and usage fees (if applicable) (collectively, the “Fees”). Payment of Fees for your first and last month’s service plus any options and initial setup fee are required in order to process your order for the Services. After the first month of Services, the Fees will be automatically deducted from your payment method on a monthly basis. It is your responsibility to maintain sufficient balance on your chosen payment method to allow settlement of charges. Interruption of service will be experienced in the event that the payment method held or prepayment balances are not maintained at sufficient levels to pay the Fees as they come due. Setup fees, custom programming fee and activation fees are non-refundable.

10.2 You hereby authorize VoiceNation to charge the indicated credit card on a recurring, monthly basis as payment for the Fees based upon the Services performed on your behalf. In the event of cancellation of service, you authorize VoiceNation to subsequently charge your credit card for payment of all remaining unpaid Fees or other charges for any Services already performed on your behalf by VoiceNation prior to cancellation.

10.3 Accounts for which Fees are overdue shall be subject to temporary disconnection. In order to reactivate an account disconnected to non-payment of Fees, all overdue Fees must be paid in full, along with a $25 re-activation fee.

10.4 Long-distance or toll-free usage is billed based upon 30-second increments and said usage fees shall be rounded up to the nearest penny on a per-call basis.

10.5 Due to the high costs of delivering excellent services and the remote nature of our clients, our answering services are billed in advance. While we offer limited and brief terms to our customers so that there is no interruption of service in cases where the usage exceeds the estimated and/or pre-paid amounts, it is agreed that the monthly invoice will be adjusted such that any deficit or unpaid usage will be settled and the pre-paid monthly service fee will be adjusted to compensate for the increased usage going forward.

10.6 VoiceNation may increase the charges for the Services on an annual basis. VoiceNation shall give the Customer 30 calendar days written notice with information regarding the increase.

10.7 You are responsible for paying all Fees and other charges to your account for Services, including but not limited to, long distance and directory assistance charges, regulatory (USF) Universal Service Fund fees and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services.

10.8 You agree that at any time VoiceNation may require you to place a security deposit on file for monthly base fees and usage charges. This deposit may be requested at any time during the contracted service dates between the Customer and VoiceNation LLC.

10.9 It is prohibited for any subscriber or user of VoiceNation’s products or services (collectively, the “Services”) to solicit, collect, store, provide, or publish any personally identifiable healthcare information or protected health information (collectively referred to as “PHI”) about themselves or others by means of or through the use of VoiceNation’s services or on any storage media hosted or maintained by VoiceNation. It is understood and acknowledged that any such PHI solicited, collected, stored, provided, or published by any VoiceNation subscriber or user of VoiceNation’s services is a material violation of these Terms and is grounds for immediate termination of a member or user’s privileges and/or permission to make use of VoiceNation’s services. It is further agreed that any person, persons, or entity soliciting, collecting, storing, providing, publishing or otherwise transmitting PHI by means of or through the use of VoiceNation’s services hereby releases VoiceNation from any and all liability associated with the publication of said phi and agrees to unconditionally and completely identify and hold harmless VoiceNation from any liability arising from the soliciting, collecting, storing, providing, publishing or otherwise transmitting of such PHI by means of VoiceNation’s services.

10.10 Billing Policy:

Inbound Operator Minutes: Billable operator minutes are measured from the time an inbound call is connected to a live operator, through the entire duration of that call while the operator is on the phone. If the operator has instructions to transfer the caller through to someone, the time while the operator is dialing outbound is also considered billable operator time. Once the call is successfully patched through to the recipient and the operator connects the two together, that stops the billable operator time. We do not charge for the time during which an inbound call is waiting to be answered by an operator.

Wrap-up Time: In some cases, there can be billable Wrap-up Time expended by the operator. An example of this is, when an operator is on a call and collecting their information to send out a message, and then the caller hangs up before the operator has completed typing the information to be delivered. At that point, the call is no longer connected, but the VoiceNation operator is still handling the details of the call to ensure the full message is transcribed and delivered. Wrap-up Time may include but is not limited to activities such as: finishing up typing in the message and/or making notes on the account. Since Wrap-up Time can vary from call to call, we have placed a cap on the maximum Wrap-up Time for which you can be billed up to 180 seconds per call.

Outbound dialing from the mobile app: When using the VoiceNation mobile app on Android or iPhone, you have the capability to make outbound phone calls using the app. This feature does have a cost associated with it of $0.10/minute. It will be reflected on your invoice as a long-distance charge. These minutes are not shown or included on your mydashboard.voicenation.com billing minutes.

Dispatching: If your account requires dispatching, the entire time that our agents are attempting to dispatch a call or calls to you or your employees is considered billable time. An example of this would be if your account requires us to attempt to reach multiple employees until someone answers, and we have to dial out to more than one person before we successfully connect the caller, that entire leg of the dispatching attempt would be billable time at the rates applicable to your plan.

Rounding: When calculating the total billable time for a call, we add up the Inbound Operator Time, the Wrap-up Time and the Dispatching Time, then round the call time up to the nearest 30-second increment. For example, a call that lasts for 62 seconds, then has 8 seconds of Wrap-up Time, will be billed at 90 seconds. However, if the billable time is less than 15 seconds, it is rounded to 15 seconds. At the end of the invoice period, we will total up all the billable seconds and round up to the nearest minute.

11. Termination of Services

11.1 The Services provided by VoiceNation are done so on a month-to-month basis and the agreement between you and VoiceNation for the use of these Services will automatically renew on a monthly basis until canceled or otherwise terminated by you or by VoiceNation. You hereby acknowledge and agree that you will automatically be charged each month for the Services you have selected until the use of those Services are canceled or otherwise terminated. You hereby give authorization for payment for VoiceNation’s Services to be automatically charged each month to the credit card you have on file with VoiceNation. You may cancel your Services with VoiceNation at any time by giving 1 full calendar month advanced notice to VoiceNation. Since Services are billed on the first day of each month, if Services are canceled after the 1st calendar day of the month, the Customer will be responsible for payment of another full month of monthly service fees. Once your Services have been terminated, VoiceNation will not charge you for future, ongoing services unless and until you reestablish services with VoiceNation. Cancellation of your Services may be carried out through your online dashboard at mydashboard.voicenation.com (subject to state law) or by contacting VoiceNation by mail, email, fax, or phone using the following contact points:

Mailing address: VoiceNation, LLC, 2915 Premiere Parkway, Suite 200, Duluth, GA 30097

Email: [email protected]

Fax: (678) 318-1924

Phone: (866) 766-5050

11.2 VoiceNation reserves to right to terminate your Services immediately and without advanced notice in the event that it determines, in its sole and reasonable discretion, that you have materially breached the terms of this Agreement or that you have made use of the VoiceNation Services in a manner that is contrary to any applicable law or regulation of the United States of America or any of its political subdivisions.

11.3 If the Customer cannot provide proof of cancelling, VoiceNation will not be able to provide any credit for additional months charged.

12. Terms specific to use of Services

12.1 By accepting these Terms of Service and by making use of VoiceNation’s Services, you hereby authorize VoiceNation to act as your answering service and to provide you with answering, messaging, and telecommunication services. You understand that your use of any service provided by VoiceNation constitutes acceptance of these terms and conditions. You authorize VoiceNation to verify the information given on this application and to receive and exchange credit information concerning this account both now and in the future.

12.2 Service, although reliable, is not guaranteed: liability of interruption/quality of service shall be limited to a maximum of one month’s service fee.

12.3 Where and to the extent permissible by law, VoiceNation reserves the right to audit all calls received and made by your account for continuous improvements to VoiceNation’s services and staff development. You hereby agree to such call auditing and grant VoiceNation permission to audit calls for training and quality control purposes.

12.4 Service is normally set up within 5 business days from the time we receive your completed signed billing authorization form and scripting instructions, but may take longer. Please note that invoices will be delivered to the email address specified with your order. It is your responsibility to maintain a valid email address on your account. For marketing purposes, either party may disclose the fact that an agreement exists between the parties for use of our Services.

12.5 The 7-day free trial is intended for businesses seriously considering subscribing to VoiceNation’s paid services only. Only one free trial per company is permitted over the course of the year. If a company does not abide by this policy, we have the right to refuse service to any company who signs up for more than one free trial. This policy extends to businesses who may have multiple companies or locations under one primary company. VoiceNation reserves the right to require a US Tax ID or EIN # to validate our clients’ businesses before permitting the use of a free trial and/or any of our paid subscription services.

13. Limitations of liability

13.1 Our company makes no warranty, express or implied, with respect to the VoiceNation Services offered hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose or use with respect to such services.

13.2 We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or irretrievable messages or beeps as a result of power and/or equipment failure.

13.3 In addition, because damages cannot be calculated in advance, the Customer agrees that the maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by the Customer under this Agreement for the Services during the period such damages occur.

13.4 In no event shall we be liable in excess of one month’s basic service charges, excluding usage fees, and in no event shall we be liable for any special or consequential damages.

13.5 The Customer agrees that these limitations of liability are reasonable under the circumstances existing as of the execution date of this Agreement.

13.6 We have the right to refuse or cancel service to anyone who uses the Services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses our company, other VoiceNation customers, or our partners.

13.7 While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and to prevent the interruption of Services.

13.8 Our company offers its Services for “normal and customary” business use. We do not offer services for all types of use. We do not accept customers who receive large call volume, especially in a short time frame, unless a separate written agreement is in place for high volume use. One such example is direct response for radio and television advertising. In the event a subscriber’s line receives large call volume, we may, at our sole discretion, take any and all measures we consider appropriate to maintain the integrity of our systems and the service we provide to other customers. Such measures may include, but not be limited to:

Limiting the number of calls the subscriber’s service may receive at any one time;
Changing the greeting on the mailbox and/or disconnecting the service.

“Large call volume” will be solely determined by VoiceNation or by the specific provider of VoiceNation Services when contracted to a third-party provider.

14. Data Retention

We provide a customer-facing dashboard that allows you to retrieve information from your Services with us. All of the service delivery information on our customer dashboard is subject to our data retention policies, which are designed to limit data retention in accordance with applicable law. We retain your ongoing service data for a period of no more than 24 months. We make no representations or warranties that any data will be available on our customer dashboard or otherwise after it has been used to provide services. To the fullest extent allowable under law and our own data retention policies set forth above, we are not obligated to retain any of your data and are not liable for any loss of your data. While your account is active, we shall retain data, including but not limited to call detail and message records, account history, and backup copies. We are not responsible for retaining any of your data after account termination. All data is deleted from our servers after your account is terminated and from backups during scheduled backup rotation. We will not restore, provide on any storage media, or send out any data pertaining to terminated accounts, unless specifically noted in a customized service agreement.

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