10.1 In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and My Salon Desk are excused from our obligations under this Agreement, except for the obligation to pay money.
12.6 You agree that you will not disparage us orally or in writing, and that neither you nor anyone acting on your behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the company, its operations, clients, employees, products, or services without the prior written consent of the company. For purposes of this agreement, the term disparage includes without limitation comments or statements made in any matter or medium about the company which would adversely affect any manner of the conduct of the business of the company, without limitations to the company's business plans or prospects or the business reputation of the company.
SERVICE TERMS & CONDITIONS
Standards of Virtual Reception Service
We offer live-attended monthly Virtual Reception Plans for a variety of contact methods, including: voice calls, SMS / text messages, chats, and emails. As part of our standard Voice Reception Service, we answer incoming calls based on the specifications obtained in the Intake Questionnaire (Questionnaire) completed after Plan subscription. We answer basic questions regarding your business services, products, protocol, and policies within the scope of the Questionnaire - we do not provide information unless specifically requested by your client. Our receptionists will also leverage their expertise in common salon + spa procedures, services, and treatments to assist your Customers with questions or concerns. We may make service recommendations, but we do not perform formal consultations or prescriptions as a standard service. Any inquiries received from your Customers that are out of scope of the information collected within the Questionnaire will be directly forwarded to you per your preferences. Our receptionists are internally trained in clientele service and in order to maintain optimal quality we do not work with externally sourced scripts unless otherwise noted. Accounts containing 750 or more calls per month will enjoy additional services such as outbound calling, advanced service customizations, and the opportunity to benefit from customized collaborative sales trainings.
Our daily receptionist service hours are between 9:00 am and 7:30 pm in all US and Canadian time zones. On American public holidays and other holidays (MLK Jr Day, President's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, Black Friday, Christmas Eve, Christmas, New Year's Eve, and New Year's Day as well as observed dates) we do not offer standard receptionist service; we only offer reduced hours of 9 am to 2 pm to U.S.-based clients who opt for the Extended Hours Plan upgrade. On Canadian public holidays and other holidays (Good Friday, Easter Sunday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day (CA), Remembrance Day, Boxing Day, Christmas Eve, Christmas, New Year's Eve, and New Year's Day as well as observed dates) we do not offer standard receptionist service; we only offer reduced hours of 9 am to 2 pm to U.S.-based clients who opt for the Extended Hours Plan upgrade.
Service (Billing) Cycle
All Virtual Reception Plans require prepaid monthly subscriptions. For clients receiving Virtual Reception Services, if you opt to obtain a new business number your Service Cycle begins the day after your phone lines are established or upon our initial receipt of any forwarded phone call, SMS message, chats (including messages from embedded web-chat widgets and social media platforms), or email. If you maintain your existing business number, the Cycle begins the day after your Forwarding phone number is tested and confirmed or upon our initial receipt of any forwarded phone calls, SMS messages, web-chat messages, or emails. Any forwarded phone call, SMS message, or web-chat message answered will count towards monthly Plan usage totals. The start date of your Service Cycle marks your recurring Billing Date, which will continue to be on the same date of each subsequent month (month refers to the calendar month). Any estimates provided regarding the turnaround time for commencing your Services after subscription are dependent on your timely and thorough completion of any requisite Intake procedures - we make no guarantee that your Services will start by any specific date.
All transactions are based and calculated on the U.S. Dollar and you agree to pay us for all rates and charges. We accept all major credit cards as well as Apple Pay. You are required to maintain a valid payment method on file with us at all times unless otherwise noted. By agreeing to these terms, you hereby authorizes us to debit your credit card(s) to satisfy any and all amounts due to us. Unused services cannot be carried over to subsequent months, and Plans may be paused only due to government-imposed business closures. If the total charges on your account exceed $0 at any time, your method of payment may be charged; we may opt to extend higher credit limits for some business users. Any payment(s) not received on the Due Date may be subject to a monthly Late Charge equal to 10% of the overdue balance to be invoiced on the Due Date of each subsequent month until payment has been received. We reserve the right to suspend and / or terminate your account if any amount is overdue. A reinstatement fee of $50 will apply to any account terminated due to either non-compliance with our Terms and Conditions or non-payment. If a scheduled payment is ever declined due to insufficient funds, we may require pre-payment of excess utilization charges for future Service Cycles up to an amount equivalent to the highest monthly excess utilization charges owed within the previous 12 months; any excess pre-payment will be applied to future Service Cycles. Unpaid accounts may be forwarded to a payment collections service after 90 days of non-payment. My Salon Desk does not provide a refund for early cancellation of any Plan, Add-On, Upgrade, Service Modification, or Business Solution. Plan pricing is subject to change and you will receive advanced notice via your email address on your account prior regarding any impending price adjustments.
Voice Reception Plans
All costs pertaining to our Voice Reception Plans can be found at the following link: Voice Reception Plans. Voice Reception Plans are offered per location - multi-location businesses will require separate Plans for each location. All charges must be prepaid in advance of each Service Cycle (billing cycle), and your payment method on file will be charged automatically. Plans apply to the entirety of any given Service Cycle and may not be adjusted mid-cycle. If full payment is not received on your Billing Date, your Plan service will be immediately suspended. You will be billed for your selected Plan/s at the start of each Service Cycle and your Plan will be automatically renewed each month thereafter. Any and all incoming and outgoing connected calls will be debited from your prepaid Voice Reception Plan. Overage charges apply for excess service utilization and will be automatically billed after the close of each service cycle. If we contend that your account has high amounts of excess service utilization or unusually long call durations, we may require you to pre-pay excess utilization charges or subscribe to a larger Plan; in some cases we may suspend or terminate your service. You may inquire regarding your Plan usage at any time via SMS / text message - please note that we do not send notifications or updates regarding your usage, and it is solely your responsibility to monitor your usage. You may edit or terminate your service at any time (termination requests must be made within your Client Payment Portal or by email) - you may request that cancellations and service downgrades take effect either immediately or within the subsequent Service Cycle. My Salon Desk does not provide a refund for early termination of any service. We may at any time request that you adjust your phone systems to fully comply with our terms of service, and we reserve the right to terminate or suspend your account for non-compliance with our terms. Upon termination or suspension of your service for any reason, we will no longer be responsible for any calls, SMS / text messages, chats, or emails that are forwarded to us, nor will we be responsible for responding to any inquiries made by your Customers. Any unbilled charges for services rendered are also applicable at the time of termination; any remaining over-payment credits will be refunded. Our Virtual Reception Plans cover contact with US or Canadian phone numbers - international calling will incur additional fees.
Our Virtual Reception services all include the option of Complimentary Appointment Booking, through which we can schedule and edit appointments directly into most web-based salon or spa scheduling software. We have pre-approved a number of salon and spa scheduling software offerings and only work with alternate offerings on a case-by-case basis. If we alert you that a software is incompatible with our system, you will be solely responsible for seeking out a replacement. Any relevant scheduling parameters (including but not limited to stylist / practitioner availabilities, treatment room availabilities, pricing differences, service permissions, conditional requirements, consultation requirements, add-on / modification options, and easily discernible services within organized menus) must be programmed into your software. Appointment Booking protocol will be clearly delineated within the Intake Questionnaire; a summary can also be found at the following link: Appointment Booking Protocol. As a standard service, we will only input your customers' name, phone number, and email address into your software. You are also required to provide us with written documentation of the following: a unique username and password for your scheduling software, a direct link to your software's login interface, and any special scheduling requests. We only book and/or edit appointments for just one Customer and for a maximum of only one date within each client contact (phone call, text message, or chat); we currently don't service group bookings, appointment series, or other complex scheduling requests unless otherwise noted. We may limit our Appointment Booking service if your software displays an excessive number of prompts or options that must be manually edited. We will not be liable for double-bookings or any other scheduling errors that arise if you or your Customers edit your schedule contemporaneously. There is no guarantee that we can accommodate all scheduling customizations (such as service subscription, package and membership bookings, or waitlist requests), so please consult with us prior to subscribing to a Plan. If you fail to abide by the requirements, all booking requests will be transmitted via message.
You may retain your existing business phone number, or you may request a new business phone number. If you obtain a new business phone number, we will support requests to port the number to other phone carriers upon termination of service - please note that porting requests must be originated with your new phone carrier. You must maintain an active Virtual Reception Plan throughout the duration of the porting process - your phone number will no longer be available to you upon Plan termination. Any costs associated with porting business numbers to other service providers are your responsibility. Any account that does not request a new business number will be provided an internal call forwarding number, and forwarding numbers remain the property of My Salon Desk. We can manually block inbound calls from individual numbers upon request if you obtain a new business phone number; otherwise if you are retaining an existing business number you are solely responsible for enabling number blocking through your phone provider.
For high-volume accounts with Plans containing 750 calls or more per month, we can make outbound calls by request. We do not make outbound calls for accounts containing fewer than 750 calls (with the exception of outbound calls made as part of our Voicemail Service Add-On). Any outbound call requests must be individually transmitted to firstname.lastname@example.org (unless otherwise noted) - you must include the customer name, phone number, and reason for calling within one sentence. Outbound calls count towards your voice Plan usage totals. While blind call forwarding is not considered "outbound", calls made during attended call forwarding (when an incoming caller is placed on hold as the business is accessed on a separate call) will be considered as outbound calls. We reserve the right to terminate or limit outbound calling at any time without prior notice and waive liability for any losses or damages arising from any discontinuation. In some cases, additional charges may apply for excessive outbound calls - please consult with us prior to selecting a Plan.
Plan Upgrades + Add-Ons
All costs pertaining to our Virtual Reception Plan Add-Ons and Upgrades can be found at the following link: Plan Upgrades + Add-ons. You may request to modify your monthly Voice Plan or opt to include service Upgrades and Add-Ons at any time, including but not limited to: SMS / Text Messaging Plans, SMS Response Service (responding to incoming text messages only), Web-Chat Plans, Email Service, Voicemail Service, and Payment Support; full payment is due at the time of subscription and pro-rating may not be available. Overage charges apply for excess service utilization and will be automatically billed after the close of each Service Cycle. If we contend that your account has high amounts of excess service utilization, we may require you to subscribe to a larger Plan Upgrade or Add-On option and in some cases we may suspend your service. Upgrades and Add-Ons are provided at our sole discretion, and we reserve the right to terminate or suspend service customizations at any time without prior notice and waive liability for any losses or damages arising from any discontinuation. SMS / Text Messages are billed per outgoing message. Web-Chats are billed per session; a session is considered closed either upon satisfactory resolution of your Customer's concern or if no response is received from your Customer for more than 15 minutes. Emails are also billed per session; a session is considered closed either upon satisfactory resolution of your Customer's concern or if no response is received from your Customer for more than 24 hours. A Voice Plan is required In order to subscribe to an Upgrade or Add-On. All terms and policies provided regarding our Plan Upgrades and Add-Ons apply apply in addition to the general terms proved herein.
You may also request your current plan usage totals from the My Salon Desk at any time and you may opt to receive instant contact updates for an additional fee. We provide records reports containing phone numbers and/or contact information and timestamps associated with inbound and outbound calls for an additional fee unless otherwise noted; such records requests must be made prior to the commencement of the Service Cycle. We do not provide custom reporting regarding appointment-based parameters (including but not limited to cancellations, rescheduling, client retention, etc.) as a standard service.
We handle calls according to the preferences you select during your intake process. While we generally do not include calls during which a connection is not established in Plan totals, we may attempt one (1) return call (and one (1) SMS message is SMS service is enabled) if a caller hangs up prior to an established connection (such a call will still appear as an inbound call within your Service records). We cannot guarantee the functionality or operation of third-party systems and thereby cannot guarantee the timeframe or delivery of any specific call or message. For an additional cost we offer Payment Support Service (Payment Support), through which we collect payment information from your Customers for the purposes of retaining cards-on-file or assessing appointment deposit fees - please note that we can not directly process any charges or fees to your Customers. Card-on-file requirements must be programmed into your scheduling software; by default, we only collect payment information for paid appointments. We will not be liable in the event that your Customer contests or disputes any charges or fees and our receptionists will be unable to provide any statements or affidavits to support your claims - we strongly recommend that you make your fee schedule available to your Customers in writing. We do not maintain internal notes regarding each instance of Customer contact as part of our standard Services - any additional record-keeping is subject to approval and will incur additional costs.
Messaging + Contact Handling
Your preferences for call handling will be obtained within the Intake Questionnaire. We train our receptionists in best practices for clientele service - we can sometimes make modifications to our standard internal protocol, particularly for larger accounts. However, there is no guarantee that we will recite any desired text or script verbatim. We rely on the completeness and accuracy of your responses provided during the intake process, and will not be liable for any errors made if you provide incorrect information or omit requested information. In the event that a we receive a complex client inquiry that we believe requires your attention, we will send you a message via SMS or email. We will also send you messages if specifically requested by your contacts. Please note we do not transmit messages under any other circumstances as a standard feature of our Virtual Reception Service, and special requests are subject to our approval. We can accommodate custom messaging requests (including multi-recipient messaging, fax delivery, phone calls, etc.) but additional fees may apply. We reserve the right to limit messaging on your account if we are required to transmit an excessive number of messages; please ensure that you adequately instruct your Customers on your business protocol. You are solely responsible for ensuring that your Customers are fully aware of your business protocol and policies, particularly regarding any fees you choose to asses.
All of our phone, email, messaging platforms, as well as our internal databases are fully HIPAA compliant. Our staff is regularly trained on HIPAA protocol. We never store or transcribe patient data available within EHR / EMR records under any circumstances - any messages or notes are limited to patient-provided details. You are solely responsible for ensuring HIPAA compliance if you ever directly transmit PHI to us. We provide Business Associate Agreements (BAAs) to any client upon request.
Trials + Offers
Special Offers, Discounts, Savings, Promotions, and Service Trials are occasionally available and provided at our sole discretion, as well as being subject to change. Free / Complimentary Voice Plan Trials (Trials) may only be applied to one (1) business per account holder, and only one (1) Free / Complimentary Trial is permitted per business. All trials are provided at our sole discretion and participation within a Trial constitutes agreeance to all applicable terms and policies contained herein. The 'Solopreneur Business Grant' (Grant) is provided solely at our discretion, and we reserve the rights to make any adjustments to the program at any time. Additionally, any information provided within the Grant application is subject to verification. None of the our offers, discounts, savings, promotions, or grants bear any true monetary value and will not be exchanged for any form of currency.
Service Customizations + Modifications
At times, we may agree to provide custom service modifications for business users. These custom service agreements are provided at our sole discretion, and there is no guarantee that we any request will be feasible. Additional costs typically apply. We reserve the right to terminate or suspend service customizations at any time without prior notice and waive liability for any losses or damages arising from the discontinuation. In the event that we are no longer able to support a prepaid service customization, we will refund an amount proportional to the unused portion of the service.
3rd Party Software
At times, you may need to enable access to software provided by an outside party, such as your scheduling software. We will endeavor to alert you to any external third-party service outages, but it is solely your responsibility to ensure that these systems are operational and that our accessibility is uninterrupted. We do not perform IT consulting, systems architecture, or systems integration involving any external software, nor do we participate in any meetings or trainings. You should relay any questions or technical concerns regarding external software to the provider directly.
We offer a full suite of Business Solutions for our Clients, ranging from the provision of SEO Optimization services to digital marketing services. Some of our Business Solutions require a contract, and all terms contained within the contract apply in addition to the general terms proved herein. Full payment must be made prior to the delivery of any final products.
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