Last updated June 7, 2023.
Introduction
This document, in combination with our Privacy Policy and our Data and Security Policy, represents a binding agreement between Apollo Answering Service, LLC (hereafter referred to as Apollo, call center, we, us, and our) and you and the entity you represent (hereafter referred to as you, your, the company or the entity, your entity, the client, or customer, them, they, and their).
1 – Acceptance
By using any services Apollo offers, you agree to be unconditionally bound by these terms. If you do not agree with any of these terms, do not access any Apollo-provided sites/portals or use our services. If you are using or accessing the services on behalf of a company or other entity, you represent, agree, and warrant that you are authorized to act on behalf of the entity and bind said entity to these terms. Acceptance of these terms is required for the use of Apollo’s services. Thus, the use of services will confirm your acceptance of the terms and said terms will remain in effect at all times that you receive services from Apollo.
Additionally, you agree and accept that these terms are subject to change at any time. Although Apollo will make an effort to notify you via the email you provide, you accept that Apollo has no obligation and makes no promise to notify you if these terms change, and instead, all updated terms will be made available to you on the Apollo website. Your continued use of services will indicate your acceptance of these changes. If you do not agree with any of these terms or changes as they occur, you must immediately provide cancellation notice as outlined below in the section titled Termination. Failure to properly terminate service or continued use of Apollo’s services shall be considered acceptance and consent to these terms and conditions
2 – Authorizations, Duties, and Agreements
A – Agreement to do business Online
By using electronic services provided by Apollo, you consent to conduct business electronically henceforth, including but not limited to having communications provided or made available to you in electronic form and entering into Agreements and Transactions using electronic records and signatures, and forms. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. Moreover, you agree that any electronic notices, agreements, disclosures, or other communications Apollo sends you will satisfy any legal communication requirements and will be considered as in writing. Unless ordered by law, Apollo will not produce paper records or agreements
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You also confirm that you have a computer or other electronic web-enabled device, reliable internet access, an active email account, and the ability to receive and read PDF files to conduct business with Apollo electronically. Additionally, you agree to be responsible for keeping and maintaining your records. Unless prohibited by law, Apollo does not agree to keep or provide you access to any records, messages, or recordings after 90 days.
B – Agreement to maintain and manage call forwarding appropriately
Apollo will provide you with the use of a unique call forwarding number while you are a current customer. Apollo owns this number, and you agree to discontinue its use upon termination of terms and service. Upon termination, Apollo will place a recording on this line and disconnect the line once this recording plays. This will prevent the continued accumulation of billable time.
After one week, Apollo will remove the recording and allow the line to fall into call rotation. If you continue to use this call forwarding number, which will be defined as receiving more than 2 incoming calls from individuals seeking your business, you agree to pay $50 per month until you stop using said number. If you continue to use the call forwarding number for more than 6 months following termination, Apollo will take legal action to regain control of their call forwarding number so that they may reassign it to future Apollo clients.
You are responsible for correctly call forwarding and unforwarding your phones to the call forwarding number that Apollo provides. Apollo cannot control your call forwarding. If you incorrectly call forward your lines, we will not be able to unforward your lines for you. Only you can forward or unforward your lines. Please consult your provider, PBX, or internal IT team for assistance. If you incorrectly forward your phones to another Apollo-owned call forwarding number, Apollo will notify you and ask you to immediately unforward your lines and forward them to the correct number. When applicable, you may be required to pay any excess fees that other clients incur due to your failure to forward your phones to the correct call forwarding number. If you continue to use the wrong call forwarding number without taking corrective action, Apollo will be forced to take legal action in order to maintain service for the other client.
C – Call Recording Consent and Your Duties
All inbound and outbound calls while conducting business with Apollo Answering Service or its representatives are subject to recording. This is your only notice, and henceforth you consent to have your calls and customer calls recorded while using Apollo’s services. Apollo is a Texas enterprise, and all team members consent to have their calls recorded as a condition of their employment. Thus, fulfilling the Texas “One-party Consent” requirement, which states that as long as one party is aware, a conversation may be recorded without notice or consent of the other parties.
However, if you conduct business in a state or governing locality that requires notification to all parties of recording, you are solely responsible for informing the other parties. Apollo may not be held liable for your failure to inform your callers, customers, clients, employees, contractors, solicitors, associates, or any persons you or your entity communicates with via phone that they are being recorded. Moreover, you solemnly promise to make every effort to uphold all local consent to recording laws and to make Apollo aware of said laws and any changes in the law to which your entity becomes subject. You further acknowledge that this may mean it is necessary to add a beep or a greeting that “states all calls are recorded,” or other greetings before the caller is connected to a live Apollo Representative.
If this becomes necessary, Apollo can add these options to your account; however, you must inform us in writing that you would like these options or that you are required by law to have them. Apollo will not be legally or financially responsible if you do not follow all the laws for recording consent to which your entity is subject. Finally, if Apollo becomes aware that you are not following the local consent to recording, which you are subject to, Apollo may terminate service without warning.
D – Permission to Contact and Agreement to Maintain working contact methods
You agree to provide and maintain valid contact information for as long as you continue to use or carry an outstanding balance with Apollo. Moreover, you grant Apollo the right to contact you via the provided contact means, including but not limited to email, phone, text, mail, or other means, for service announcements or administrative communications. By providing us with you and your team members’ wireless phone numbers, you consent to us calling and sending informational text messages related to the products, services, or information you have requested from us. The number of calls and texts we send to you and your team will be based on your circumstances and requests. Neither you nor your team may opt out of the text messages that are provided as part of the service to which you consented during the signup process. An authorized contact from your company must send a written request via email to team@apolloanswers.com to request changes in services, including but not limited to removing, adding, or editing points of contact. Please contact your wireless carrier if you have questions about messaging or data charges, as Apollo will not be responsible for these charges. Additionally, Apollo may send Marketing Communications by email, and you may unsubscribe from these emails at any time. However, you agree that you and your team may not opt out of transactional emails used as part of the services for your business, including accounting, maintenance/administration, or billing.
E – Declaration to conduct business in a lawful and ethical manner
You agree that your entity shall not engage in or use our services to participate in fraudulent or illegal activities, including but not limited to spamming, FCC violations, HIPAA violations, or any other activities that violate local or federal laws. Apollo reserves the right to terminate your service without notice if we become aware that your business is involved in any unlawful practices. Additionally, you agree to behave ethically and not subject Apollo team members and employees to abuse, whether verbal, sexual, illicit, or otherwise. In the event that a member of your team behaves abusively towards Apollo employees, we may choose to terminate service without notice. While Apollo understands that you cannot be held accountable for the actions of your callers, we reserve the right to block the numbers of callers who repeatedly engage in abusive, vulgar, or obscene behavior with Apollo employees, without notice to you. Apollo will not be held liable or responsible in any way for any adverse effects to your entity resulting from the blocking of a number.
F – Consent to Use Your Business in Apollo Marketing and Advertising
You agree that Apollo may use your company as an example in our marketing efforts. This may include, but is not limited to, the following: using recordings from your current or previous call center providers while they represent your business and comparing them to recordings taken by Apollo while representing your business; listing your business as one of our clients, including the use of your logo; using any comments provided by you or your team, whether spoken or written, in our advertising as a testimonial or endorsement.
Please be aware that when using recordings, we will take measures to protect the personal information of your callers and clients. This includes beeping out their first or last names, any phone numbers, order numbers, and addresses provided. If you have any questions or would like examples of how we may use your company in our marketing and advertising, please contact us at team@apolloanswers.com.
3 – Service Definition
The Service Plan that you and Apollo have agreed to and these Terms constitute the entire agreement between you and Apollo. This Agreement supersedes all prior terms and conditions, as well as any other previous or contemporaneous understandings, agreements, and communications. You acknowledge and understand that Apollo will only provide Services to you based on the Service Plan mutually agreed upon between you and Apollo. The Service Plan is governed by these Terms and is hereby incorporated into this Agreement by reference. In case of any conflict between these Terms and the Service Plan, the provisions of the Service Plan shall prevail. Apollo will provide the services described in the Service Plan to the Client in accordance with these Terms and the Service Plan.
Apollo employs time-based billing by default, unless otherwise specified in the Service Plan. The billing for time-based services is determined based on different factors outlined in the Service Plan: Receptionist Time, Talk Time, System Time, Programming Time, or Developer Time. Receptionist Time, Talk Time, and System Time are measured in minutes, with billing calculated in one-second intervals. At the end of the billing cycle, the total time will be rounded up to the nearest minute to accurately determine the usage for billing purposes. Programming Time and Developer Time are billed in increments of half an hour. Further details regarding Receptionist Time, Talk Time, System Time, Developer Time, and System Time can be found below.
The client understands, acknowledges, and agrees that Apollo cannot control the types of inbound calls received on the client’s account. It is important to note that all Receptionist Time, Talk Time, or System Time generated by any type of inbound calls, including pre-recorded calls, robocalls, telemarketing calls, other unsolicited calls, and ‘dead-air’ calls, are billable to the client.
A – Receptionist Time
Receptionist Time refers to any time that an Apollo team member is actively engaged in working on your behalf within your account. This includes activities such as answering your calls, composing and sending emails, initiating and participating in outbound calls, handling customer service inquiries, updating on call information and any other communication carried out on your behalf.
For services that are billed based on Receptionist Time, we do not charge for time when callers are placed on hold while waiting to speak with the Call Center or for the time when inbound calls are ringing. However, we do bill for time when callers are on hold waiting to be transferred from the Call Center to you (including outbound ringing time). Additionally, we bill for time when callers are placed on hold while the Call Center is interacting with you or reviewing relevant client notes.
B – Talk Time
Talk Time encompasses the duration during which Apollo engages in conversations with you or your callers through your dedicated phone line within your account. It begins when a call is answered and ends when the call is disconnected. If multiple phone numbers (lines) are utilized for your account, Talk Time for each individual number (line) will be invoiced separately.
For services that are billed based on Talk Time, we do not charge for the time when callers are placed on hold while waiting to speak with the Call Center or for the duration of inbound ringing. However, we do bill for the time when callers are on hold awaiting transfer from the Call Center to you (including outbound ringing time). Additionally, we bill for the time when callers are placed on hold while the Call Center is interacting with you or reviewing client notes.
C – System Time
System Time refers to the duration spent on automated processes carried out on behalf of the Client. This includes activities such as front-end greetings, navigation menus, voice mail operations, call transfers, text messages, emails, faxes, pages, API calls, and other similar functions.
For Services billed as System Time, we do not charge for any duration that involves direct interaction with an Apollo Receptionist.
D – Programming Time
Programming Time is any time that Apollo team members spend analyzing, planning, preparing, or implementing information submitted by the Client that would impact how we process calls. This includes but is not limited to conducting account maintenance, adding or removing contacts, restructuring on-call schedules, adjusting time-of-day behavior, creating conditional operations, changing information collected, editing relay instructions and modifying the script.
E – Developer Time
Developer Time is any time that Apollo must utilize a highly skilled developer to implement the Client’s requirements. Developer time is often required when working with API’s or outside applications.
4. 14 Day Trial
Apollo offers 14-day free trials, which are subject to all the same terms, conditions, and agreements as normal service, with a few exceptions listed here. Within a five-year period, each company is allowed no more than one free 14-day trial period. Apollo reserves the right to decline free services for any reason. For example, if you represent Business A and then attempt to sign up Business B for a free trial, Apollo may choose not to offer your second business free trial services. Free trial services are limited in scope, and no customizations are offered. The goal of the free trial is to test the voice quality and reliability of live answer. Fully customized programming that meets your entity’s needs requires a discovery process and multiple days of programming, none of which we offer for 14-day free trials.
If you would like to use a free trial, you will be asked to select from several simple options into which our team will input your contact information. After the 14-day free trial, your services will be ended without notice. At that time, if you wish to sign up for services, you will need to email a request to begin new services to team@apolloanswers.com. Additionally, our team may contact you during and for up to 90 days following your free trial to inquire about services performed, request feedback, or solicit signup. If you do not wish to be contacted following the trial period, you will need to unsubscribe from any marketing campaigns and send a written request requesting the removal of all phone, fax, SMS, email, and other contact methods from our system.
5 – Billing
Apollo reserves the right to change our charges pricing plans or adjust pricing for Services or any components thereof in any manner and at any time. This right also extends to changes to your Service Plan. Client authorizes Apollo to send invoices to the primary email address provided during sign-up and agrees to notify Apollo immediately and in writing of any changes to that email address or other billing information.
Recurring Charges are due in advance, on or before the first day of the applicable billing period. Additionally, if your usage of time exceeds the allotted amount in your base rate (“Excess Minutes Usage”), we will bill you a variable overage fee, which is due in arrears on the first day of the subsequent billing period.
Lastly, we may bill certain miscellaneous fees as described in the section titled Miscellaneous Fees of these Terms. You are responsible for paying all of these fees, as well as any applicable sales, use, and excise taxes, and any other similar taxes, duties, and charges imposed by any federal, state, or local governmental entity. These fees and taxes are based on the address you provide when signing up for the Service Plan. You agree to pay all fees and applicable taxes on time.
As of the Start Date indicated in the Service Plan, Apollo provides regular Services to the Client. On or before the Start Date, and on or before the first day of each successive billing cycle following the Start Date, the Client shall pay the rate (or pro-rata portion thereof, as applicable) for the Services as set by Apollo in the Service Plan (“Recurring Charge”). Apollo reserves the right to increase or change any component of the Recurring Charge, variable Overage Use charge, or Miscellaneous Fees upon notice to the Client.
A – Miscellaneous Fees
Additional fees may apply for paper invoices, programming time, developer time, general technology services, telephony services and troubleshooting, as well as expenses related to the additional training and coaching of the Apollo team in connection with new, enhanced, upgraded, or revised Client products or services, and/or material changes to call handling processes or scripts, as well as additional features provided to the Client upon the Client’s request.
If certain features are selected that are not included in the Recurring Charge noted on the Service Plan or otherwise mentioned in the Service Plan, Apollo may charge a fee for those features. These fees may include, but are not limited to, voicemail boxes, call transfer fees, additional phone number rental fees, reporting fees, international fees, toll charges, sms text fees and secure encrypted messaging.
Miscellaneous Fees that are known, predictable, and recurring in nature, such as recurring phone number rental fees, will be billed in advance with the Recurring Charge and are due at the same time as the Recurring Charge. Miscellaneous Fees that are not recurring in nature and not predictable will be billed in arrears with any Overage Usage charges and are due at the same time as the Overage Usage charges.
B – Payments
The Client is required to maintain a valid form of payment (credit or debit card or bank account for automated clearing house transactions) on file with Apollo at all times. Apollo reserves the right, and the Client hereby authorizes Apollo, to charge the valid form of payment on file at any time for Services rendered but not yet paid. Apollo reserves the right, upon notice to the Client, to immediately charge the payment on file if the usage materially exceeds the base rate allotment. If the Client arranges to make payments by check, Zelle, or EFT and fails to pay the invoice within 15 days from the invoice date, Apollo will charge the payment method on file for the outstanding balance.
The Client represents and warrants that the payment information provided to Apollo is correct and accurate and that they are using a payment method that they are legally authorized to use for this purpose. The Client agrees that they are solely liable for any payment or credit card fraud, abuse, or unauthorized use by the Client or others. The Client further agrees to inform Apollo immediately of any change in the Client’s credit card or other payment information, which must be done in writing.
All fees are quoted and must be paid in United States dollars. The authorization provided above shall not affect the Client’s obligation to pay all sums due and payable to Apollo if Apollo fails to, is unable to, or refrains from charging any such payment on file. If a charge is not made by Apollo for any reason, the payment to Apollo may be considered late or past due. If the Client does not pay on time or if Apollo cannot charge the payment method on file for any reason, Apollo reserves the right to suspend or terminate the Client’s account.
C – Upgrades and Downgrades.
New Clients will have a three-billing-cycle calibration window during which Apollo will process service plan upgrades and downgrades at any time and apply the change to the current monthly billing period. Returning Customers will not have a three-billing-cycle calibration window. Outside of the three-billing-cycle calibration window, you may upgrade or downgrade your service plan level as specified in this section.
You can request to upgrade your subscription level at any time. Upgrades are effective immediately and apply to the current monthly billing period and at least the subsequent two consecutive billing periods. Any resulting additional fees for the current billing period are due at the time of upgrade. Downgrades are available after you have been on a specified subscription level for at least three consecutive billing periods, which may occur within or outside the three-billing-cycle calibration window. If you request a downgrade, the downgrade will be effective starting from the first day of the next monthly billing period and will continue for subsequent billing periods until you request another change. To upgrade or downgrade the Services you have selected, please contact Apollo by emailing billing@apolloanswers.com.
D – Credit & Refunds
Refund and credit requests must be made in writing to billing@apolloanswers.com within 15 days of the invoice date. Except for downgrades and cancellations by You in the manner permitted herein, payments are nonrefundable, and there are no refunds or credits for partially used periods.
E – Late Payments
Additionally, if any payment is not made within 15 days after the invoice date, or if we cannot charge the payment you have on file for any reason, we may, without incurring any liability, notify you by telephone, in writing, email, or transmitted message that your services will be suspended. If any payment is not received within 28 days of the invoice date, then we may charge a late fee equal to the greater of $10 or 10% of the outstanding balance per billing cycle, subject to any restrictions imposed by local law.
If your account becomes delinquent, you will pay Apollo all amounts owed hereunder, plus interest on delinquent amounts at the rate of 1.5% per month, or the maximum allowed by law, plus late fees, collection agency and attorney fees, court costs, and other expenses incurred in recovering such sums owed. Acceptance by Apollo of any payment that is less than the sum due hereunder shall not constitute a release or an accord or satisfaction for any greater sum due or to become due, regardless of any endorsement restriction.
You agree to pay a reconnect fee determined by Apollo at its discretion for reinstatement of a suspended account. All past amounts owing must be paid and current. The company reserves the right to refuse reinstatement of any account. Any credits, vouchers, coupons, promotions, or discounts may not be used by returning customers to receive services. Returning customers must pay any unpaid balance, including any late fees, before receiving services. For clarity, credits, vouchers, coupons, and promotions may not be used by returning customers to receive services until unpaid balances, including late fees, are paid.
F – Term
Apollo shall provide the Services to the client for the time period described in the Service Plan which Term shall automatically renew for successive periods unless Apollo or the client gives twenty-eight (28) days prior notice by filling out Apollo’s online termination form. The client may request changes to the Service Plan by calling or emailing Apollo. Requested changes must be approved by an authorized representative of Apollo. Any changes to the Service Plan will be reflected in the next billing cycle, unless otherwise agreed to by Apollo and the client. A credit may be applied to the client’s account at Apollo’s sole discretion to reflect changes made and implemented during a billing cycle.
Upon termination of the Agreement for any reason, Apollo shall maintain the right to collect any and all amounts then due, including any prorated amounts for Services rendered and not yet paid. Upon termination of the Agreement by Apollo as a result of the client’s Material Default, or in the event of the client’s Material Default that does not result in termination of the Agreement, in addition to any other rights Apollo may have at law or equity, (a) Apollo shall maintain the right to collect any and all amounts then due, (b) the client shall pay all legal fees and collection costs incurred by Apollo, and (c) the client shall pay all late fees that may accrue as a result of such Material Default. All payments are nonrefundable.
6 – Liability and Limitation of Services
A – No Warranties
Apollo Answering Service makes no representations or warranties, expressed or implied, whatsoever in connection with services or related to availability, quality, reliability, suitability, timeliness, truth, accuracy, or completeness of services. You use the services provided at your own risk. Services are provided on an “as is,” “as available,” and “where is” basis with no warranty of fitness, quality, live answer, bilingual services, nor for non-infringement of third-party rights. Apollo makes no guarantee that the services provided will meet all of your requirements or that its operation will be uninterrupted or error-free. No oral or written representation made by Apollo shall create a warranty.
B – Limitation of Liability
In no event shall Apollo be liable for any direct, indirect, special, consequential, incidental, or punitive damages or loss of business caused directly or indirectly by any failure, omission, error, delay, or interruption, including but not limited to any defects, failures, or shortcomings of your or your team’s equipment, software, or third-party phone, messaging, or email services. Apollo is not responsible or liable for failure or interruption of service caused by telephone, wireless, internet, satellite, data center, or other communication provider outages. Nor shall Apollo be responsible or liable for natural disasters, emergency and scheduled maintenance, or acts of God that interrupt or impair the quality of service.
Moreover, you agree and understand that Apollo is not required to notify you of any interruptions of any type, suspensions, curtailments, or failures, and that Apollo has no liability for any damages or loss therefrom. You agree to receive message information via electronic means, including but not limited to SMS, email, and secure message app, and not to engage in using the services in violation of any and all applicable state and federal laws, rules, and regulations, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”) and Protected Health Information (“PHI”), or in connection with offensive or obscene subject matter. You agree that Apollo will not be legally, financially responsible, or otherwise liable for your failure to comply with HIPAA regulations; that burden shall fall solely on your entity.
Should an issue arise, you must report it in writing within 14 days from the date of the occurrence. If you fail to do so, the company shall have no liability. At all times, Apollo Answering Service’s full liability shall not exceed three months of prorated service or $1,000.00, whichever is less.
C- Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Indemnity. You shall indemnify, defend, protect, and hold Apollo, its representatives, its owner, its officers, directors, managers, contractors, employees, and agents harmless from and against any direct or third-party claims, loss, cost, damage, or expense, including but not limited to attorney’s fees, relating to or arising out of your use of any Apollo Services. If necessary, Apollo reserves the right to select its own legal counsel to represent its interests against any claims or demands and invoice you directly for these legal fees and any additional loss, damages, expenses, or demands that result from your failure to uphold any of the terms set forth in this agreement.
D – Dispute Resolution
As stated previously, Apollo will not consider, review, or take into account any claims or disputes that are not submitted in writing within 14 days of when the issue occurred. Please send any claims via email to team@apolloanswers.com. You agree that any claims, disputes, controversies, conflicts, or alleged violations of governing laws will be handled as follows: you submit the claim in writing to team@apolloanswers.com, and you will allow 30 days for investigation and resolution. After 30 days, if no resolution has been reached, formal proceedings for arbitration may begin as outlined below.
You agree to resolve any disputes through final and binding arbitration. The arbitration shall be conducted in accordance with the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, and shall be conducted in Houston, Texas. The AAA rules will govern the payment of all arbitration fees.
E – Class Action Waiver
You agree to only resolve disputes with Apollo on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
F – Governing Law.
Except as otherwise required by applicable law, the Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the state of Texas, the Federal Arbitration Act, and applicable U.S. federal law, without regard to its conflict of laws principles. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) do not apply. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Apollo agree that any judicial proceeding will be brought in the federal or state courts in Harris County, Texas, and you and Apollo Answering Service each agree to waive the right to a jury trial.