ART charges for successfully answered calls either by a live person or voicemail. A typical 30 second message that connects and plays your message costs around 7-8 cents. Upon scheduling a voice broadcast, your credit card will be debited for the estimated cost of your voice broadcast at the rate of $0.14 per minute. The estimated cost is calculated by multiplying the number of scheduled outbound calls by the length of your broadcast recording plus answer machine and live pickup greeting length. We do not charge for calls that result in a busy, no answer, disconnect or any other circumstance where a call may not be able to connect.
In addition to the actual cost of Voice Broadcast calls, ART charges an automatic monthly Concierge Service Fee to the credit or debit card on file for the Subscriber. This payment will be automatically charged on the same day of each month that the subscriber signed up on. This monthly fee covers the monitoring and maintenance of all subscriber calls as well as the daily scheduling ART undertakes to send “drip” campaigns such as Birthday wishes and important reminders for our customers who choose to take advantage of these campaigns. This fee also covers the time we make available to our subscribers who contact us seeking help with everything from script selection, custom script creation, marketing advice, recording their messages, or formatting and uploading phone lists. ART reserves the right to change the billing process at any time upon providing notice in writing or via email.
ART’s Voice Broadcast subscription is month to month and renews automatically on your billing date.
You are free to terminate or cancel your use of ART’s Voice Broadcast Services at any time, and for any reason and ART may at its discretion, terminate your service at any time.
Any termination of your account shall not relieve you from any amounts owed or any other liability accrued under this Agreement prior to the time that such termination becomes effective.
ART’s Voice Broadcast Service is a non-refundable, non-returnable, non-exchangeable, non-transferrable Service. All purchases are final. Unused balances are non-refundable.
You agree to be bound by the terms and conditions of the ART Subscriber Contract.
The ART terms, conditions and pricing are subject to change without notice, however ART agrees to notify you of any significant changes in the service or pricing.
We reserve the right to interrupt service for maintenance and system upgrades at our discretion. Service although reliable is not guaranteed.
A. IF YOU USE THE ART SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE ART SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR ART MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. ART DOES NOT WARRANT THAT (i) THE ART SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ART SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ART SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ART SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR ART COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE ART SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE ART SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM ART OR THROUGH OR FROM THE ART SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT ART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE ART SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ART SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE ART SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE ART SERVICE.
You agree to indemnify and hold harmless ART and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by ART in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the ART Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you, if you have not responded reasonably to the applicable matter. You acknowledge and agree to be held liable for any and all damages caused to ART by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by ART to you.
You acknowledge and agree that the ART Service and any necessary software used in connection with the ART Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the ART Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the ART Service, except as set forth herein. ART, the ART logo and other ART logos, product and service names may be trademarks, service marks or other intellectual property of ART (the "ART Marks"). You agree not to display or use the ART Marks in any manner without the prior, express written permission of ART.
You agree that ART may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the automaticresponse.com web site or through the ART Service. If applicable, ART will use the contact details provided with registration.
All prices, per-minute rates, and billing increments are subject to change at any time due to fluctuations in market conditions. Notwithstanding the above, ART may, in its sole discretion, offer customized plans that provide for individualized terms concerning billing cycles, account maintenance fees and/or other agreed upon terms. The terms of such customized plans will be made known and governed by the Pricing Page of our ART Sites.
The User Agreement governs your use of the ART Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and ART. They supersede any prior agreements between you and ART. Additional terms and conditions may apply when you use the services of other carriers and service providers. These additional terms will not reduce, diminish, or eliminate any rights ART possesses with respect to this User Agreement.
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