$10 per month promo for the first 2 months – $130 per month – 10 chats – $14 per additional chat
These terms of service (which we’ll refer to below as the “Agreement”) are a contract between you and Bold Business, LLC. (which we’ll refer to below as “BB”). This Agreement will govern your use of BB’s products and services and all other aspects of your commercial relationship with BB, so please read it carefully. By using or continuing to use BB’s products and/or services, you agree to each of the terms and conditions below.
BOLD BUSINESS SERVICES
In exchange for the payments associated with the plan you’ve selected, BB will make its live call answering services (the “Services”) available to you in accordance with this Agreement and the plan’s terms, which are shown in the confirmation email you received following sign-up. You agree to access and use the Services solely for lawful business or professional purposes, and to abide by BB’s policies regarding the use of the Services, as those policies may change from time to time. You further agree not to sell, transfer, license, or otherwise make available the Services to any third person without BB’s prior written consent. You acknowledge that particular features of the Services may change from time to time, with or without prior notice. You agree that, upon written notice, BB may change your plan or pricing on a prospective basis. You agree that the software and systems through which BB delivers the Services are proprietary to BB and shall in all events remain the exclusive property of BB.
After signup, you’ll receive credentials (i.e., a username and password) with which you can access the Services and/or various features associated with the Services (e.g., the written messages that BB’s agents take on your behalf) (your “Credentials”). You acknowledge that it is your sole responsibility to safeguard your Credentials from unauthorized disclosure or use, and you authorize BB to provide access to the Services to any person who presents your Credentials. BB may offer integrations with various other products and services, some of which require separate credentials to access. In the event you provide your credentials to any other product or service to BB, you authorize BB to use those credentials, and to access and use the account(s) with which they are associated, and any data contained therein, for any purpose reasonably related to BB’s provision of the Services.
In order to deliver the Services, BB needs your permission to perform various tasks with the calls and messages that it handles on your behalf. Accordingly, you agree that BB may (i) patch calls from third parties to you to the telephone number(s) that you provide to BB for those purposes; (ii) create and maintain written records of messages from third parties to you that BB takes on your behalf; (iii) send notifications that include the contents of, and other information related to, such messages to the email address(es) and/or telephone number(s) that you provide to BB for those purposes; (iv) collect, store, and use for business purposes whatever personal or business information you provide to BB in connection with the Services; (v) listen to and record your voice while using or interacting with the Services; (vi) contact you using the email address(es), telephone number(s), and whatever other contact information you provide to BB; and (vii) take all other steps that are reasonably necessary in order for BB to deliver the Services. You agree to inform BB immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or message notifications; you acknowledge that, unless and until you do so, BB will continue to patch calls and/or send such notifications to the email address(es) and/or telephone number(s) that you previously provided for those purposes.
You further agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from your employees, agents, and all other persons who use or interact with the Services in any way on your behalf. Similarly, you agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from third parties who use or may use the Services to communicate with you.
BILLING AND PAYMENT
You will incur the monthly charge(s) associated with the plan you’ve selected for each whole or partial month during which this Agreement remains in effect, plus any applicable taxes, duties, or other additional payments required by law, which you authorize BB to collect from you. If you exceed your allotted minutes in a month, you will be charged for all additional minutes used during that month at the overage rate associated with the plan you’ve selected. You acknowledge that you will be charged in whole-minute increments, and that any partial call minutes will be rounded up to the nearest whole minute. You further acknowledge that chargeable call time includes all time spent by BB’s agents answering calls or performing other work on your behalf, including, for example, hold time and time spent patching a customer call forward.
You agree to have to BB deduct the monthly charges associated with your selected plan on the 1st of each month plus any overage of allotted minutes at the overate rate associated with your plan, that were incurred during the previous month. If applicable, and dependent upon if you have signed up for a special offer that pushes your first actual billing date back, your first monthly charges will be prorated from the date of the end of the special offer through the last day of the month. You authorize BB to send your invoices to the primary email address you provided during sign-up, and to inform BB immediately and in writing of any change to that email address or your other billing information. If you have provided BB with your credit card information or enabled any other automatic payment method (e.g., ACH, Stripe, etc.), you authorize BB to charge the amount of each of your monthly invoices to your credit card or via such other automatic payment method. You agree to inform BB immediately of any change in your credit card or other payment information, which shall be in writing. You guarantee and warrant that you are the legal owner of such credit card or the account associated with your automatic payment method, and that you are legally authorized to accept charges from BB.
TERM AND TERMINATION
This Agreement will continue for the duration of the plan selected at the signing of the Agreement, which will be either for twelve (12) months or on a month-to-month basis, adjusted for any special offers signed up for that might push the first actual billing date back, or until you or BB terminates it in accordance with this paragraph. This Agreement will be in effect for a minimum period of 90 calendar days. Following that period, either you or BB may terminate this Agreement at any time, for any or no reason, upon written notice to the other party. Notwithstanding any of the foregoing, BB may terminate this Agreement at any time if, in its sole discretion, it determines that you have violated any provision of this Agreement or BB’s policies regarding the use of the Services, as those policies may change from time to time. Notwithstanding any of the foregoing, the parties expressly acknowledge that the provisions of the following sections (“DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION” and “MISCELLANEOUS”) will survive the termination of this Agreement, and that the termination of this Agreement will not be deemed to extinguish, or construed as a waiver of BB’s right to enforce, any obligation that arose during the term of this Agreement.
DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, BB FURNISHES THE SERVICES “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but without limiting the foregoing, BB cannot and does not warrant that it will have sufficient resources to handle unexpected increases in call volumes, that the Services will be error-free, or that the Services will operate without delays or interruptions; BB expressly disclaims any and all warranties to that effect.
BB’S ENTIRE LIABILITY ON ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU TO BB OVER THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL BB BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) ON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless BB from and against any and all claims, losses, demands, liabilities, fines, penalties, costs, and expenses suffered or incurred by BB as a result of, or in connection with, any third party or governmental claim or cause of action against BB (including, but not limited to, all attorneys’ fees and costs incurred in defending against such claim or cause of action) where the claim or cause of action was or is alleged to have been caused, in whole or in part by, or is related to (1) any wrongful act or omission by you, your employee(s), or your other agent(s), including, without limitation, any breach of this Agreement; or (2) the method chosen by you for BB to access your PHI.
MISCELLANEOUS
This Agreement supersedes all previous agreements between you and BB, in whatever form, and (except for terms describing the monthly charges, overage charges, and allotted monthly minutes associated with the plan you’ve selected) constitutes the full, final, and entire agreement between you and BB regarding this Agreement’s subject matter. You acknowledge and agree that all promises, representations, statements, and other information that wholly or partly induced you to enter into this Agreement are contained expressly herein. In delivering the Services, BB shall act solely as an independent contractor, and nothing in this Agreement shall be construed to create any partnership, joint venture, fiduciary, or employment relationship between you and BB or any of BB’s employees or other agents.
This Agreement will be construed in accordance with, and all claims relating in any way to your commercial relationship with BB will be governed by, the laws of the United States and the State of North Carolina, excluding the latter’s rules regarding conflict of laws. Any dispute arising out of or related in any way to this Agreement, an alleged breach thereof, or any other aspect of your commercial relationship with BB shall be settled exclusively by binding arbitration to take place in Florida under the Commercial Arbitration Rules of the American Arbitration Association. You agree that the arbitrator(s) in any such arbitration shall have full authority to decide and rule on all aspects of the dispute, including, but not limited to, the issue of the dispute’s arbitrability. You further agree (i) that you will not assert any class, collective, or representative action claims against BB, whether in arbitration or otherwise, which actions are hereby waived, and (ii) that, in the event of a dispute, you shall submit only your own, individual claim(s) in arbitration and will not seek to represent the interests of any other person or entity.
A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party’s right to enforce that term or any other term of this Agreement. The provisions of this Agreement may be amended or waived only in a writing signed or otherwise approved by BB. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. BB may assign this Agreement without prior notice. You acknowledge and agree that the rights and obligations imposed by this Agreement are unique and personal to you, and that you may not assign this Agreement without BB’s written consent.
We, the Operators of Bold Business website, provide it as a public service to our users.
Your privacy is important to us. Our goal is to provide you with a personalized online experience that provides you with the information, resources, and services that are most relevant and helpful to you. This Privacy Policy has been written to describe the conditions under which this web site is being made available to you. The Privacy Policy discusses, among other things, how data obtained during your visit to this web site may be collected and used. We strongly recommend that you read the Privacy Policy carefully. By using this web site, you agree to be bound by the terms of this Privacy Policy. If you do not accept the terms of the Privacy Policy, you are directed to discontinue accessing or otherwise using the web site or any materials obtained from it. If you are dissatisfied with the web site, by all means contact us; otherwise, your only recourse is to disconnect from this site and refrain from visiting the site in the future.
The process of maintaining a web site is an evolving one, and the Operators may decide at some point in the future, without advance notice, to modify the terms of this Privacy Policy. Your use of the web site, supporting platforms, or materials obtained from the web site, indicates your assent to the Privacy Policy at the time of such use. The effective Privacy Policy will be posted on the web site, and you should check upon every visit for any changes.
Sites Covered by this Privacy Policy
This Privacy Policy applies to all the Operators-maintained web sites, domains, information portals, supporting platforms and registries.
General Data Protection Regulation
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. Bold Business may be the controller of your Personal Data processed in connection with the Services. If you have any questions about this Privacy Policy or whether any of the following applies to you, please contact us at privacy@boldbusiness.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Children’s Privacy
The Operators are committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Operators do not intentionally collect information from minors, and the Operators do not target its web site to children.
Links to Non-Operators Web Sites
The Operators’ web sites may provide links to third-party websites for the convenience of our users. If you access those links, you will leave the Operators’ web site. the Operators do not control these third-party websites and cannot represent that their policies and practices will be consistent with this Privacy Policy. For example, other websites may collect or use personal information about you in a manner different from that described in this document. Therefore, you should use other websites with caution, and you do so at your own risk. We encourage you to review the privacy policy of any website before submitting personal information.
Non-Personal Information
Non-personal information is data about usage and service operation that is not directly associated with a specific personal identity. The Operators may collect and analyze non-personal information to evaluate how visitors use the Operators’ websites.
Aggregate Information
The Operators may gather aggregate information, which refers to information your computer automatically provides to us and that cannot be tied back to you as a specific individual. Examples include referral data (the web sites you visited just before and just after our site), the pages viewed, time spent at our Web site, and Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you request a page from one of our sites, our servers log your IP address to create aggregate reports on user demographics and traffic patterns and for purposes of system administration.
Log Files
Every time you request or download a file from the website, the Operators may store data about these events and your IP address in a log file. The Operators may use this information to analyze trends, administer the website, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.
Cookies
Our site may use a feature of your browser to set a “cookie” on your computer. Cookies are small packets of information that a web site’s computer stores on your computer. The Operators’ web sites can then read the cookies whenever you visit our site. We may use cookies in a number of ways, such as to save your password so you don’t have to re-enter it each time you visit our site, to deliver content specific to your interests and to track the pages you’ve visited. These cookies allow us to use the information we collect to customize your experience so that your visit to our site is as relevant and as valuable to you as possible.
Most browser software can be set up to deal with cookies. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, certain of the functions and conveniences of our website may not work properly, and you may be unable to use those of the Operators’ services that require registration in order to participate, or you will have to re-register each time you visit our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. We do not link non-personal information from cookies to personally identifiable information without your permission.
Web Beacons
The Operators’ web site also may use web beacons to collect non-personal information about your use of our website and the websites of selected sponsors or members, your use of special promotions or newsletters, and other activities. The information collected by web beacons allows us to statistically monitor how many people are using our website and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our website or those of our sponsors. The Operators do not link non-personal information from web beacons to personally identifiable information without your permission.
Personal Information
Personal information is information that is associated with your name or personal identity. The Operators use personal information to better understand your needs and interests and to provide you with better service. On some of the Operators web pages, you may be able to request information, subscribe to mailing lists, participate in online discussions, collaborate on documents, provide feedback, submit information into registries, register for events, apply for membership, or join technical committees or working groups. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs, passwords, billing information, or credit card information.
Members-Only Web Sites
The information you provide on Operators’ membership applications is used to create a member profile, and some information may be shared with other of the Operators individual member representatives and organizations. Member contact information may be provided to other members on a secure website to encourage and facilitate collaboration, research, and the free exchange of information among the Operators’ members, but we expressly prohibit members from using member contact information to send unsolicited commercial correspondence. The Operators’ members may be automatically added to the Operators’ mailing lists. From time to time, member information may be shared with event organizers and/or other organizations that provide additional benefits to the Operators’ members. By providing us with your personal information on the membership application, you expressly consent to our storing, processing, and distributing your information for these purposes.
Our legal basis for processing your personal information
Whenever we process your personal information we have to have something called a “legal basis” for what we do. The legal basis we rely on is:
How We Use Your Information
The Operators may use non-personal data that is aggregated for reporting about the Operators’ website usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the site.
The Operators may use personal information to provide services that support the activities of the Operators’ members and their collaboration on the Operators’ standards and projects. When accessing the Operators’ members-only web pages, your personal user information may be tracked by the Operators in order to support collaboration, ensure authorized access, and enable communication between members.
Credit card information may be collected to facilitate membership applications; or if you purchase a product or service from our website, such information will not be kept longer than necessary for providing the services requested. Credit card numbers are used only for processing payment and are not used for other purposes. Payment processing services may be provided by a third-party payment service, and a management company external to the Operators may provide support for the financial activities of the Operators. the Operators may share your personal information with its partners to facilitate these transactions.
Information Sharing
The Operators does not sell, rent, or lease any individual’s personal information or lists of email addresses to anyone for marketing purposes, and we take commercially reasonable steps to maintain the security of this information. However, the Operators reserve the right to supply any such information to any organization into which the Operators may merge in the future or to which it may make any transfer in order to enable a third party to continue part or all of its mission. We also reserve the right to release personal information to protect our systems or business, when we reasonably believe you to be in violation of our Terms of Use or if we reasonably believe you to have initiated or participated in any illegal activity. In addition, please be aware that in certain circumstances, the Operators may be obligated to release your personal information pursuant to judicial or other government subpoenas, warrants, or other orders.
In keeping with our open process, the Operators may maintain publicly accessible archives for the majority of our activities. For example, posting an email to any of the Operators’s-hosted public mail lists or discussion forums, subscribing to one of our newsletters or registering for one of our public meetings may result in your email address becoming part of the publicly accessible archives.
On some sites, anonymous users are allowed to post content and/or participate in forum discussions. In such a case, since no user name can be associated with such a user, the IP address number of a user is used as an identifier. When posting content or messages to a Operators site anonymously, your IP address may be revealed to the public.
If you are a registered member of an Operators’s web site or email list, you should be aware that some items of your personal information may be visible to other members and to the public. The Operators’ member databases may retain information about your name, e-mail address, company affiliation (if an organizational member), and such other personal address and identifying data as you choose to supply. That data may be visible to other of the Operators’ members and to the public. Your name, e-mail address, and other information you may supply also may be associated with the Operators’ publicly accessible records with the Operators’ various committees, working groups, and similar activities that you join, in various places, including: (i) the permanently posted attendance and membership records of those activities; (ii) documents generated by the activity, which may be permanently archived; and, (iii) along with message content, in the permanent archives of the Operators’s e-mail lists, which also may be public.
Please remember that any information (including personal information) that you disclose in public areas of our website, such as forums, message boards, and news groups, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public forums such as these.
Given the international scope of the Operators websites, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information. If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection. Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 (“EU Privacy Directive”) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to its transfer to and/or storage in the United States of America.
If you do not want your personal information collected and used by the Operators, please do not visit the Operators’ website or apply for membership of any of the Operators’ websites or email lists.
Access to and Accuracy of Member Information
The Operators are committed to keeping the personal information of our members accurate. All the information you have submitted to us can be verified and changed. In order to do this, please email us a request. We may provide members with online access to their own personal profiles, enabling them to update or delete information at any time. To protect our members’ privacy and security, we also may take reasonable steps to verify identity, such as a user ID and password, before granting access to modify personal profile data. Certain areas of the Operators’ websites may limit access to specific individuals through the use of passwords or other personal identifiers; a password prompt is your indication that a members-only resource is being accessed.
Security
The Operators make every effort to protect personal information by users of the website, including using firewalls and other security measures on its servers. No server, however, is 100% secure, and you should take this into account when submitting personal or confidential information about yourself on any website, including this one. Much of the personal information is used in conjunction with member services such as collaboration and discussion, so some types of personal information such as your name, company affiliation, and email address will be visible to other the Operators’ members and to the public. The Operators assume no liability for the interception, alteration, or misuse of the information you provide. You alone are responsible for maintaining the secrecy of your personal information. Please use care when accessing this website and providing personal information.
Rights Regarding Your Personal Data:
Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Bold Business and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Bold Business in the U.S. and will be hosted on U.S. servers.
Opting Out
From time to time the Operators may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt-out by following the directions provided within the electronic newsletters and announcements.
If you have questions regarding this privacy policy, please contact us.
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