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These Terms of Service (these “Terms”) govern the access and use of all services and products offered by VirtualHeadquarters.com LLC ("VHQ") and ReceptionHQ LLC (“RHQ”) (Company Number R13564778). These Terms constitute a legally binding agreement between VHQ, RHQ and any individual or entity that accesses or otherwise uses or receives any VHQ or RHQ services or products (“Customer”).

1. Products and Services

VirtualHeadquarters.com LLC (VHQ) acts as an agent for ReceptionHQ LLC (RHQ) which provides the following:

(a) Message Center services, for which charges apply, are provided 24 hours per day and include:

  • Inbound messages
  • Voicemail
  • Text to cell phones
  • Text to mobile phones
  • Notifications by Email and Text
  • Follow me call diversions
  • Call Diversions
  • Caller greetings
  • Other services that may be introduced from time to time.

(b) Virtual Receptionist services, for which charges apply, include:

  • Live Operator telephone answering 24 hours a day 7 days a week.
  • Call Diversions
  • Message notification (Text and/or Email)
  • Message Center services as above
  • Other services that may be introduced from time to time

(c) Outbound Communications traffic, for which charges apply, text and Call Diversions. These services attract usage charges (See 7. Scheduled Fees).

In keeping with our policy of product review, and to provide the Subscriber with up to date products and services there may be changes from time to time. VHQ & RHQ reserve the right to introduce new services and change the products and services available as RHQ Message Center and RHQ Virtual Receptionist at any time, without prior notice.

2. Content Disclaimer

VHQ & RHQ do not monitor, nor take any responsibility whatsoever, for quality, accuracy and the content of the information or messages that are received on behalf of the Subscriber.

3. General Disclaimer-Third Party Information

All information contained herein is a general outline of the subject matter, and has been entered by VHQ in the honest belief that it is true, accurate and is not misleading. VHQ must, however, rely on the integrity of the sources that provide VHQ with that information. Accordingly, VHQ does not take any responsibility for the truth and accuracy of the information, and the use that is made of it, which is entirely at the Subscriber's own risk, and without recourse to VHQ or ReceptionHQ LLC (c) 2004. All rights reserved.

4. Use of Information

Information collected by VHQ or RHQ from Subscriber may be used by VHQ or RHQ in accordance with the VHQ or RHQ Privacy Policy and as may be amended from time to time. The Subscriber agrees to regularly review the VHQ & RHQ Privacy Policies.

5. Conditions of Use

In accepting a subscription to the RHQ products and services with RHQ, or through any Channel Partner with whom RHQ may be acting as a Service Provider, the Subscriber (Subscriber) AGREES to the following terms and conditions of use:

(a) Subscriber acknowledges and accepts clauses (1) and (2) above;

(b) On completion of a registration form, a unique telephone number shall be allocated to Subscriber, for a trial period or such other time that shall be determined by RHQ;

(c) Subscriber may retain that number for that trial period;

(d) At the end of that trial period, if Subscriber does not use any of the RHQ Message Center or RHQ Virtual Receptionist services as set out in (1) above, RHQ shall be entitled to cancel service to Subscriber;

(e) In the event that the service is cancelled, the telephone number allocated to Subscriber shall be relinquished, for use as RHQ sees fit.

(f) Upon cancellation of the service, RHQ shall not take any responsibility whatsoever for receipt and delivery of any messages sent to Subscriber's message Center subsequent to that cancellation;

(g) RHQ shall be entitled at any time to withdraw services at any time, and Subscriber's telephone number, without notice, for whatever reason;

(i) Subscriber shall not transmit or cause to transmit any material that is derogatory, racist, abusive, threatening, obscene, hateful or in any other way objectionable to others or illegal;

(j) Subscriber shall not use any services provided by RHQ to 'spam' or cause mischief to others;

(k)If Subscriber 'spams', or causes any nuisance using any of the services, RHQ shall, at its sole discretion, and without prior notice withdraw services to Subscriber;

(l) In the event that there is any cause whatsoever to believe that the service provided by RHQ is being used to contravene any law, that service shall be immediately cancelled. Any such cancellation shall be at the sole discretion of RHQ, and shall be done without notice to Subscriber or recourse to RHQ.

(m) RHQ does not monitor, nor take any responsibility whatsoever, for quality, accuracy and the content of the information or messages that are received on behalf of the Subscriber.

(n) Free Trials are not applicable for prior VHQ or RHQ Clients, casual clients or new clients that require RHQ services for promotional and advertising campaigns.

(o) RHQ does not take any responsibility for inbound calls made by telemarketers, misdialled numbers, promotional companies or callers not wanting to leave a message. These types of calls are chargeable as per the nominated subscription and are referred to as inbound calls.

(p) RHQ has a fair usage policy in place. The fair usage policy gives the client the use of RHQ services allowing a reasonable usage on their free trial account. Potential clients that have excessive usage on free trials will be notified by email and may have a shorter time limit placed on their trial.

6. Call Plans

Virtual Receptionist service provides four levels of service based on volume of inbound calls answered by a ReceptionHQ receptionist. Each call in a standard Virtual Receptionist plan is charged at the scheduled rates.

Virtual Receptionist 25 includes up to 25 calls per month.
Virtual Receptionist 50 includes up to 50 calls per month.
Virtual Receptionist 100 includes up to 100 calls per month.
Virtual Receptionist 200 includes up to 200 calls per month.
Unused call allowance expires each month.

Excess calls over the plan allowance are charged at the scheduled rate.

7. Scheduled Fees

Subscription fees are charged monthly in advance as per schedule below. Subscriptions are automatically renewed on the monthly anniversary of initial signup unless cancelled by email to cancel@virtualheadquarters.net prior to renewal including the date you wish to cancel.

Virtual Receptionist Subscription Fees & Charges

Plan Included
Calls Per Month
Subscription
Charged
Excess
Call Cost
Subscription
Fee
Virtual Receptionist 15 0 Monthly $2.00 $15.00
Virtual Receptionist 25 25 Monthly $1.85 $50.00
Virtual Receptionist 50 50 Monthly $1.85 $80.00
Virtual Receptionist 100 100 Monthly $1.85 $135.00
Virtual Receptionist 200 200 Monthly $1.85 $250.00
*Unused monthly call allowance expires each month

MyAssistant (with MyCalendar) Subscription Fees & Charges

Plan Inbound
Call Charge*
Monthly
Subscription
Setup
Fee
MyAssistant $1.35/minute* $49.00 $50.00
MyAssistant with MyCalendar $1.35/minute* $49.00 $99.00
*Charged in 30 second increments

MessageExpress Subscription Fees & Charges

Plan Included
Calls Per Month*
Subscription
Charged
Excess
Call Cost
Subscription
Fee
MessageExpress 25 25 Monthly $1.20 $29.00
MessageExpress 50 50 Monthly $1.20 $49.00
MessageExpress 100 100 Monthly $1.20 $85.00
*MessageExpress subscriptions include notification by email & text message

MessageCenter Subscription Fees & Charges

Plan Included
Minutes Per Month
Monthly
Subscription
Excess
Additional Minutes
MessageCenter Voicemail 200 $9.95 $0.06 per minute

Additional Charges

Messaging & Transfers Service Charge
Call Transfers $0.50
Message by Text $0.20
Message by Email Free

Usage Prepayment

A Usage Prepayment charge of $50.00 appears on the first bill in addition to the subscription charge and re-bills whenever the client account balance is below $0.00. Usage charges such as call transfer, text messages (if applicable) and inbound calls over the nominated subscription allowance are deducted from the prepaid usage credit on the client account.

8. Credit Card Payments

When you order online, we need to have your name, e-mail address, mailing address, credit card number and card expiration date. This enables us to process your order and to notify you regarding its status. By its nature, we cannot guarantee that information transmitted on the internet is 100% secure. To reduce this risk, we use a secure server for online credit cards transactions with up to date encryption methods. Information on this secure server is not available to VHQ or RHQ staff. However, these transactions are undertaken at your risk, as we cannot ensure the security of any information you transmit.

VHQ reserves the right to change prices at any time with one months notice.

9. Cancelling a Service

The subscriber may cancel a service by notifying VHQ in writing at any time prior to the monthly renewal date. The service will continue until the current prepaid monthly subscription expires. VHQ do not provide a refund for early cancellation of any service. VHQ do not refund any remaining credit from the top-up charge.

10. Security

The Subscriber agrees and acknowledges that VHQ or RHQ shall not be liable to the Subscriber or any other person for any of the following:
(a) Performance, security, reliability, and Subscriber's competence in the use of the internet, telecommunications companies, and internet service providers in transmitting information;
(b) Confidentiality of Subscriber password;
(c) Use of the VHQ or RHQ Messaging by third parties, for any reason. Subscriber is responsible for password security, and must ensure that this password is not disclosed to any third party, for whatever reason;
(d) Security of any information transmitted on the internet

11. Exclusion of Liability

(a) Subscriber agrees and acknowledges that VHQ & RHQ shall not be liable for any claims of whatsoever kind or nature (including claims for negligence) that might arise directly or indirectly out of any act or omission, use or misuse of any of the services by the Subscriber or for anything else done or not done by VHQ or RHQ. To the extent this clause fails to fully and completely exclude any claim and/or to the extent any third party might make any claim against VHQ or RHQ in any way related to the Subscriber's use or misuse of the Services or anything done or not done for the Subscriber by VHQ or RHQ then the Subscriber hereby indemnifies VHQ & RHQ against any and all liabilities losses expenses and costs that might be suffered or incurred by VHQ or RHQ as a direct or indirect consequence of any such claims being made.

(b) VHQ & RHQ hereby exclude all and any liabilities, costs, damages, losses or expenses of whatsoever kind or nature which may be claimed by Subscriber or any third party against VHQ or RHQ including claims for negligence in relation to any matter whatsoever arising from this Agreement.

12. PRIVACY

11.1 Information collected by VHQ or RHQ from Customer may be used by RHQ in accordance with RHQ’s privacy policy as available on the VHQ or RHQ Website (“Privacy Policy”) and as may be amended from time to time. The Customer agrees to regularly review the VHQ and RHQ Privacy Policies.

13. GDPR DATA PROTECTION (relevant to users located in the EU)

13.1 VHQ, RHQ and Customer both agree to comply with the relevant data protection regulation and laws (the “Data Protection Laws”), these being; up to and including 24 May 2018, the Data Protection Act 1998 (the “Act”) and thereafter the General Data Protection Regulation (“GDPR”) (as amended or updated from time to Further RHQ and Customer acknowledge that these Terms, in part or whole, do not relieve, remove or replace, either RHQ or Customer’s obligations under the Act or GDPR.

13.2 VHQ, RHQ and Customer acknowledge that for the purposes of the Act and GDPR, RHQ is the data processor (the “Processor”) and the Customer is the data controller (the “Controller”) in relation to Customer’s personal data (“Personal Data”). The Controller hereby appoints the Processor with respect to processing activities undertaken in the course of the provision of receptionist services.

13.3 VHQ, RHQ and Customer acknowledge and agree that the Processor is subject to the following obligations:

13.3.1 The Processor shall comply with the relevant Data Protection Laws and must: –

  • only act on the written instructions of the Controller and ensure those acting under their authority so the same
  • ensure that people processing the data are subject to a duty of confidence
  • use its best endeavours to safeguard and protect all personal data from unauthorised or unlawful processing, including (but not limited to) accidental loss, destruction or damage
  • ensure that all processing meets the requirements of the GDPR and related Data Protection Laws
  • ensure that where a Sub-Processor is used, they: –
    • only engage a Sub-Processor with the prior consent of the Controller
    • inform the Controller of any intended changes concerning Sub-Processors
    • they implement a written contract containing the same data protection obligations as set out in these Terms
    • understand that any failure on the part of the Sub-processor to comply with the Data Protection Laws, the Processor remains fully liable to the Controller for the performance of the Sub-Processor’s obligations
  • assist the Controller in providing subject access and allowing data subjects to exercise their rights under the Data Protection Laws
  • assist the Controller in meeting its data protection obligations in relation to:
    • the security of processing data protection impact assessments
    • the investigation and notification of personal data breaches
  • delete or return all personal data to the Controller as requested unless not permitted to do so by law
  • make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the relevant Data Protection Laws
  • tell the Controller immediately if they have done something (or are asked to do something) infringing on Data Protection Law
  • co-operate with supervisory authorities in accordance with GDPR Article 31
  • notify the Controller of any personal data breaches in accordance with GDPR Article 33

13.3.2 The Processor is responsible for ensuring that each of its employees, agents, subcontractors or vendors are made aware of its obligations regarding the security and protection of the personal data and the terms set out in this agreement.

13.3.3 The Processor shall maintain induction and training programs that adequately reflect the Data Protection Law requirements and regulations.

13.3.4 Any transfers of personal data to a third country or an international organisation shall only be carried out on documented instructions from the Controller; unless a legal requirement exists, the Processor shall inform the Controller of that legal requirement before processing.

13.3.5 The Processor shall maintain a record of all categories of processing activities carried out on behalf of the Controller, containing: –

  • the name and contact details of the Processor(s) and of each Controller on behalf of which the Processor is acting
  • the categories of processing carried out on behalf of each Controller
  • transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, the documentation of suitable safeguards
  • a general description of the technical and organisational security measures referred to in Article 32(1)

13.3.6 The Processor shall maintain records of processing activities in writing, including in electronic form and shall make the record available to the supervisory authority on request

13.3.7 When assessing the appropriate level of security and the subsequent technical and operational measures, the processor shall consider the risks presented by any processing activities, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.

13.4 VHQ, RHQ and Customer acknowledge and agree that the Controller is subject to the following obligations:

13.4.1 The Controller is responsible for verifying the validity and suitability of the Processor before entering into a business relationship.

13.4.2 The Controller shall carry out adequate and appropriate onboarding and due diligence checks for all Processors, with a full assessment of the mandatory Data Protection Law requirements.

13.4.3 The Controller shall verify that the Processor has adequate and documented processes for data breaches, data retention and data transfers in place.

13.4.4 The Controller shall obtain evidence from the Processor as to the: –

  • verification and reliability of the employees used by the Processor
  • any certificates, accreditations and policies as referred to in the onboarding process
  • technical and operational measures used in safeguarding the Personal Data
  • procedures in place for allowing data subjects to exercise their rights, including (but not limited to), subject access requests, erasure & rectification procedures and restriction of processing measures

13.4.5 Where the Controller has authorised the use of any Sub-Processor by the initial Processor, the Controller must verify that similar data protection agreements are in place between the initial Processor and Sub-Processor.
12.4.6 Where the Controller has authorised the use of any Sub-Processor by the initial Processor, the details of the Sub-Processor must be added to a register of Sub-Processors.

12.5 The Controller and Processor acknowledge they understand and agree to the following specifics with respect to the Processor’s processing activities:

  • The Sub-Processors used by the Processor are noted in RHQ’s Privacy Policy and include PayPal, Rackspace, MailChimp and Infusionsoft;
  • The Controller authorises the Processor to transfer certain Personal Data to other member entities of the wholly owned group to which the Processor belongs in order for receptionist services to be provided outside of local operating hours. These other member entities are located in Australia and the United Kingdom;
  • The nature and purpose of processing activities undertaken, types Personal Data processed and security measures in place are all outlined in RHQ’s Privacy Policy;
  • When the Processor handles phone calls on behalf of the Controller, the caller may provide Personal Data of their own to Processor (RHQ) in the form of their contact details to be forwarded to Controller (Customer). In this instance the caller is the controller and RHQ the Processor and as Processor, RHQ relies on the concept of “legitimate interest” (as defined in GDPR Article 6(1)(f)) in collecting this Personal Data and transmitting it to Customer;
  • The appointment by the Controller of the Processor will remain until terminated by either party in accordance with the notice periods outlined in section 10

14. LIMITATIONS OF LIABILITY

14.1 Disclaimer of Warranties. Customer acknowledges and agrees that Customer’s use of the VHQ or RHQ offerings is at Customer’s sole risk. To the maximum extent permitted by applicable law, the RHQ Offerings are provided “as is” and “as available,” with all faults and without warranty of any kind, and RHQ expressly disclaims all representations and warranties (whether express, implied, statutory or otherwise) regarding any RHQ offerings or any other aspects of this agreement, including, without limitation, any warranties of title, satisfactory quality, non-infringement of third party rights, accuracy, quiet enjoyment, merchantability or fitness for a particular purpose, and any warranties arising out of any industry custom or course of dealing. Without limiting the foregoing, RHQ makes no representations or warranties regarding the quality, accuracy or content of any information or messages received on behalf of customer, and RHQ does not warrant that any RHQ offering will be free of mistakes, defects or inaccuracies, will be available without interruption, or will meet customer’s requirements.

14.2 Limitations of Liability. To the extent not prohibited by applicable law, and regardless of the theory of liability (contract, tort or otherwise), in no event will (a) RHQ be liable under or in connection with this agreement for any indirect, special, incidental, consequential, exemplary or punitive damages, or any damages for business interruption or loss of revenues, profits, business or data, even if RHQ knew or should have known of the possibility of such damages, or (b) RHQ’s aggregate liability under or in connection with this agreement exceed the total of all amounts paid by Customer to RHQ for the RHQ Offerings giving rise to liability applicable to the Paid Service Terms during which the events giving rise to liability occurred.

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14.3 Essential Part of Bargain. Customer acknowledges that the disclaimers of warranties and limitations of liability set forth in these Terms are essential to the bargain between Customer and RHQ, and that RHQ would not have been willing to enter into these Terms or to provide any RHQ Offerings to Customer absent any such disclaimers or limitations.

14.4 Exceptions. The laws of some jurisdictions may not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer. If such laws apply to Customer, some or all of the warranty exclusions and limitations of liability set forth in these terms may not apply to Customer.

15. OTHER

15.1 Governing Law and Venue. This Agreement will be governed by and construed pursuant to the laws of Arizona, United States and the parties agree to submit to the jurisdiction of the Courts of Arizona, United States in connection with any dispute relating to this Agreement.

15.2 Force Majeure. If VHQ or RHQ is prevented from or delayed in complying with an obligation by an event beyond its reasonable control, performance by it of that obligation is suspended during the time compliance is prevented or delayed.

15.3 Notices to Customer. Any notice from VHQ, RHQ to Customer required, permitted or otherwise contemplated by these Terms may be provided by RHQ to Customer by email, text message, message in the client portal on the RHQ website, telephone or voicemail message.

12. Proper Law

This Agreement will be governed by and construed pursuant to the laws of Arizona, U.S.A. and the parties agree to submit to the jurisdiction of the Courts of Arizona in connection with any dispute relating to this Agreement.


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