Terms and Conditions

Effective as of January 01, 2023

Quantum Receptionist, a New York limited liability company (“Quantum Receptionist”, “we” or “our”, the "Company") hereby agrees to provide live virtual receptionist/live chat/live virtual assistant services (the “Service”) to you (“you”, “your” or “Client”) pursuant to the Terms and Conditions set forth herein (these “Terms”). No representation, warranty, term, or condition, other than as specifically set forth in these Terms, shall be binding on Quantum Receptionist. 


Acknowledgment
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Website or Services. By accessing or using the Website or Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website and/or Services. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Website or Service. Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and/or Services and tells You about Your privacy rights and how We protect You, and also how the law protects You. Please read Our Privacy Policy carefully before using Our Website and Services. If you sign up for a Service, you accept, agree, and approve that you will additionally be bound by that specific Service's Terms of Service agreement.


Service Term
Service terms are per cycle that can be set up as daily, weekly, bi-weekly, monthly, or in some cases a custom term duration. Subscription terms will automatically renew for additional, successive daily, weekly, bi-weekly, monthly, or other selected terms unless and until you provide notice of cancellation. Additional terms applicable for your subscription will be set forth in your Terms of Service, and it will be accessible via the Quantum Control Form, in which terms are incorporated herein by reference and are binding you. Unused services roll over into the following cycle.


Quantum Receptionist Account
All new clients and potential clients will have their unique reference number. This will be associated directly with your Quantum Receptionist account (''account"). Your reference number will be your account number. The reference number is displayed in the subject line of an email(s) that you receive from us.
‍
‍‍
Cancellations
Requests for service cancellation must be received, via email to mgmt@quantumreceptionist.com, at least 24 hours before the next billing date (i.e., before the start of the next cycle; day, week, month).


Termination
Quantum Receptionist may terminate your account and cease provision of the Service (i) at any time, with or without cause, upon 3 days prior written notice to you, or (ii) immediately upon written to you in the event that you breach any of these Terms. In the event of termination without breach, any prepayments will be refunded.


‍Charges
Charges are paid on a billing date each cycle. During the onboarding process you will be able to select the most ideal cycle for your account.
Two types of charges per each package include base rate charge and overage rate charge. Tax applies to Client based on location and is explained in greater detail in each Terms of Service, for the Services you select, under the section "Taxes".


Specials and Promotions
Online coupons or discounts do not apply to official Quantum Receptionist offers.
Specials and Promotions may be subject to availability. Promotions may be available only during certain seasons, months, weeks or time periods. Your trial period ends 7 days after services begins or after 150 minutes are used, whichever comes first. Your card will be charged for your selected cycle when your trial period ends. However, you will not be charged for a plan if you cancel before the trial period ends by emailing us at mgmt@quantumreceptionist.com
‍

Payments
We accept all major debit and credit cards from customers in every country. Client shall, at all times, maintain a valid credit card on file. Client hereby authorizes Quantum Receptionist to debit Client’s credit card to satisfy any and all amounts due. If payments are not charged on the cycle billing date for any reason, they may be charged the following business day. Should a payment be declined, Quantum Receptionist will, at their discretion, make 2 further attempts to collect payment before suspending Service.


Late Payments
All payments are due on receipt of invoice. If any payments are not received within 2 days after the due date, then we may charge a late fee of $30 and we may assess interest at the rate of 1.3% of the outstanding balance per month (16% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid.
‍

Hours Of Operation
OPEN 24/7/365


Change Requests
You agree to notify Quantum Receptionist about any changes to your account exclusively via email in writing.
All requested changes to your account must be submitted via email to mgmt@quantumreceptionist.com
For example: You can request to pause your services, change your cycle, add/remove services, and/or adjust work hours.
‍
The confirmation email will be sent out to you the moment the services have been officially updated.
Please note that account change requests are processed within 24 hours.


Holiday Business Exposure:
Memorial Day [Working]
Independence Day [Working]
Labor Day [Working]
Thanksgiving Day [Working]
Christmas Eve [Working]
Christmas Day [Working]
New Year’s Day [Working]

We are able to provide you with year round service.


Confidentiality
Quantum Receptionist agrees that it will use commercially reasonable efforts to keep confidential, and not share with any party (except you, the Client) any proprietary, confidential or trade secret information received from the calling party. Any interaction, action, or effect that takes place over third-party services is subject to their own Terms and Conditions and Privacy Policy and cannot be the responsibility of Quantum Receptionist. Quantum Receptionist cannot be held responsible for any third party software.


Consent to do Business Online
‍‍By accessing our Site, signing up for Services, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) Quantum Receptionist communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. By clicking the check box "I agree to Quantum Receptionist's Terms of Service and Privacy Policy" and by printing your name in the "Name on card" field on the checkout page, You give the equivalence of your electronic signature. The receipt of purchase will stand as the Client's acceptance of the entire agreement (collectively Terms of Service, Terms and Conditions, and Privacy Policy). The Client gives their consent to conduct business online.


Prohibited Use & HIPAA
You are strictly prohibited from using the Services: (i) in a manner that violates any applicable law, rule or regulation, including without limitation the U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation, the U.S. Telephone Consumer Protection Act, or the Children’s Online Privacy Protection Act, each as amended from time to time; (ii) to transmit, store, or process health information in violation of the United States Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (iii) to promote any goods or services or send communications that are illegal in the place offered to consumers; (iv) to advertise or promote adult services, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as but not limited to support a “pump and dump” scheme); (v) to defraud, deceive or mislead anyone; (vi) to communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive; (vii) to promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or (viii) to threaten or promote violence. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including the Content) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Site and/or our Services. Quantum Receptionist Company follows the Health Insurance Portability and Accountability Act. All Accounts that require HIPAA will be subject to an additional "Business Associate Agreement" ("BAA").
‍

DISCLAMERS OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, SECURITY, COMPLETENESS, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE SERVICE. NEITHER QUANTUM RECEPTIONIST NOR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, LIVE VIRTUAL RECEPTIONISTS, LIVE VIRTUAL ASSISTANTS, LIVE CHAT SPECIALISTS, CONSULTANTS OR AGENTS ARE RESPONSIBLE NOR LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION AND/OR YOUR USE OF THE SERVICE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US AND OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, LIVE VIRTUAL RECEPTIONISTS, LIVE VIRTUAL ASSISTANTS, LIVE CHAT SPECIALISTS, AND CONSULTANTS FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OUR PROVISION AND/OR YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH IN THESE TERMS, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). IN THE EVENT OF OUR BREACH OF THESE TERMS, YOUR SOLE RECOURSE IS TO SUBMIT A NOTICE OF CANCELLATION AS SET FORTH ABOVE AND TERMINATE USE OF THE SERVICE.‍

‍Quantum Receptionist makes no warranty whatsoever with respect to the Services, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise, including, but not limited to, any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party.

Quantum Receptionist makes no guarantee, promise or warranty of any kind for the duration or length of a single inbound or outbound call, text content or durations or length of any other requested services.


LIMITATION OF LIABILITY
‍In no event shall Quantum Receptionist be liable to the Client or to any third party (including any Client's caller, customer, or website visitor utilizing the call, email, chat, or text services) for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Quantum Receptionist has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.


Indemnification
You will indemnify, defend, and hold us (and any of our members, managers, officers, employees, subsidiaries, affiliates, partners, vendors, suppliers, counsel, insurers, representatives, Live Virtual Receptionists, Live Virtual Assistants, Live Chat Specialists, Consultants, agents, or ) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with (a) your use of the Service, (b) our provision of the Service, or (c) your breach of these Terms. Your defense and indemnification obligations will survive your use of the Service and the termination of your subscription. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms or the Service. Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Quantum Receptionist for all claims, costs, charges and losses sustained or incurred by Quantum Receptionist in connection with third party claims (including claims made by Client’s callers, customers, or website visitors utilizing the call, email, chat, and/or text services) arising in connection with the Client’s use of or Quantum Receptionist's provision of the Services or otherwise.


Governing Law
These Terms are entered in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, without regard to choice or conflict of laws rules. Client and Quantum Receptionist both waive a trial by jury of any or all issues arising in any action or proceeding between the parties hereto or their successors and assigns, under or connected with the Services or this Agreement. All disputes, controversies, or claims arising out of or relating to this Agreement or otherwise in connection with Quantum Receptionist shall be submitted to binding arbitration in the State of New York in accordance with the applicable rules of the American Arbitration Association then in effect.


Dispute Resolution
If You have any concern or dispute about the Website or Service, You agree to first try to resolve the dispute informally by contacting the Company. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New York, New York for the purposes of any action or proceeding arising out of or relating to these Terms. You hereby waive any objection based on forum non-convenient and waive any objection to the venue of any action instituted hereunder. If any legal action or any arbitration or other proceeding is brought in connection with these Terms and we prevail by virtue of a dismissal, default, judgment, or otherwise, we shall be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled.

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT MAY INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE PROVIDED PURSUANT HERETO.


Site Security & Protection
‍You are strictly prohibited from violating or trying to violate Quantum Receptionist's security features, such as by: (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, including but not limited to overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. 

You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Services or any activity being conducted via the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site or other Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.


Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.


General Information - Quantum Receptionist
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We reserve the right to amend these Terms at any time upon written notice to you, and all such amendments will take effect 30 days after such notice. These Terms sets forth an understanding and agreement between us with respect to the subject matter hereof.


Intellectual Property
The Service including Website and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service and Website are protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. By accessing or using the Website or Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then do not use the Website or Services. 


Your Consent
By using our Site and/or Services you automatically consent to our current Terms and Conditions and Privacy Policy and will be bound by these agreements. In the case you subscribe to a Service, you will consent and be further bound to its Terms of Service.‍


‍Terms of Services
In the case you subscribe to a specific Service, you will consent and be further bound to its Terms of Service.
Accessible from Quantum Receptionist links:
‍
- Live Virtual Receptionist Agreement
- Live Virtual Assistant Agreement
- Live Chat Specialist Agreement
- Consultation Services Agreement


‍Contact Us 
Quantum Receptionist welcomes your questions or comments regarding this Terms and Conditions.
‍
If you have any questions please contact us:
‍
Quantum Receptionist
Email Address: info@quantumreceptionist.com
Telephone number: +1 877 877 0898





Please read these Terms and Conditions carefully before using our Website and Services.