Service agreement and terms of use

1. About this agreement

This is the agreement between BookedCaller ("we", "us", "BookedCaller") and the business that signs up to use BookedCaller ("you"). By ticking the box when you sign up, paying, or using the service, you agree to it. You confirm you are signing for your business and have the authority to do so.

You can accept it electronically. A ticked box is as binding as a signature on paper (US E-SIGN Act). We keep a record of when and how you accepted, and which version.

2. The service

BookedCaller is an AI phone receptionist for your plumbing business. It answers calls that your phone company forwards to it, takes the caller's details, books arrival windows that you have approved, puts real emergencies through to the cell phone you give us, sends a confirmation email and (where switched on) a text, and reports on the calls. The Lite and Standard plans are the same service; they differ only in how many minutes are included.

You choose how calls reach it: only the calls you cannot get to (after about 4 to 5 rings), or all your calls. You can change this at any time.

We set the receptionist up from the information you give us. We may improve it from your calls, and we may change or update the service, but we will not remove its core function.

3. What it is, and what it is not

The receptionist is artificial intelligence. It tells callers it is a virtual assistant and that the call may be recorded. You agree to keep that greeting in place.

It can make mistakes. It can mishear a name, address or number, or misunderstand a caller. It confirms details by reading them back, but we cannot promise it will always be right. Please check each job it passes to you.

• It is not an emergency service. It does not call 911 or the gas company for anyone. Do not rely on it as your only way to receive emergency calls.
• It does not diagnose problems, give repair advice, or quote prices, apart from any call-out fee you give us.
• It cannot see your real calendar. It books only the arrival windows you approve. You are responsible for honouring each booking, or contacting the customer to change it.
• It makes inbound calls only. It does not place outbound AI calls. Texts and emails it sends relate only to the call the customer made.

We do not promise any number of calls, jobs, customers or any amount of revenue.

4. Your responsibilities

• Give us accurate and complete information, and tell us at once when anything changes (prices, hours, areas, windows, phone numbers).
• Keep your call forwarding switched on and working, and keep the emergency number you give us answered.
• Hold every licence, registration and insurance your work needs, and do the work you are booked for properly and lawfully.
• Honour the arrival windows the receptionist books, or contact the customer promptly if you cannot.
• Follow the laws that apply to your business, including call-recording, text-message, consumer-protection and licensing laws in the places you work.
• Do not use the service for anything unlawful, for outbound telemarketing, or to harm or mislead anyone.

The call-out fee (service call fee) is your own fee. We do not collect it for you. The receptionist explains it to callers as you tell us to.

5. Calls, recordings, texts and emails

Calls are recorded and transcribed so the receptionist can work and so we can improve it and prepare your reports. Callers are told at the start of each call.

We send a confirmation email to you after each call that has a job or message, and to the caller if they gave an email and confirmed it. Where texting is switched on, the receptionist can text the caller and you during or after the call.

We keep call recordings and transcripts for 30 days, then delete them. Our privacy and data-handling pages explain how we use and protect call data, and name the service providers we use (for example the voice platform, the payment provider and the email provider).

6. Price and billing

• Standard plan: $497 a month, in US dollars, with 500 minutes included.
• Lite plan: $297 a month, in US dollars, with 150 minutes included.
• Extra minutes on the Standard plan: 40 cents each.
• Extra minutes on the Lite plan: 40 cents each.
• Extra minutes in a billing month are added to your next invoice.
• There is no set-up fee.
• The first month is paid upfront when you sign up. After that your card is charged each month on the same date until you cancel.
• If a payment fails we will remind you, and we may pause the service if it stays unpaid for 7 days.
• Prices exclude any taxes that apply. We may change prices with at least 30 days' notice by email. The change applies from your next billing month.

Apart from the guarantee below, fees are not refundable, and we do not give credit for part of a month.

7. The guarantee: live in 72 hours, and a booked job in 30 days

There are two promises. Here is exactly how each one works.

• Promise 1, live in 72 hours: if the receptionist is not built, tested and ready for your calls within 72 hours after we have both your payment and your completed set-up form (including any documents or links we ask for), we refund your first month's fee. The time is counted from when we have everything we need from you, and does not run while we are waiting for something from you.
• Promise 2, a job in 30 days: if, in your first 30 days of active use, the receptionist makes no qualifying booking at all, your next monthly fee is free. It is a credit on your next invoice, not a cash refund, and it only applies if you stay with us for that next month.

These words mean the following:

• Go-live date: the first day your receptionist answers a real caller on your forwarded calls. If you have not forwarded your calls within 7 days after we tell you it is ready, the go-live date is that seventh day.
• Guarantee period: the 30 days starting on the go-live date.
• Active use: during the guarantee period you keep your call forwarding on, your set-up information complete and accurate, your arrival windows approved (if you chose booking), and the receptionist's greeting in place, and you do not pause or cancel the service.
• Qualifying booking: a job booked by the receptionist with a real caller, meaning the caller agreed to an arrival window and the call log or weekly report shows it as booked. If you chose a mode where you confirm the time yourself or call the customer back, a job request that includes the caller's name, number, address and problem counts instead.
• A qualifying booking counts even if the job is later cancelled, rescheduled, not completed, not paid for, or the customer does not show up. The job does not have to be followed through.
• These do not count: test calls by you or us, calls from your staff, family or suppliers, spam, wrong numbers, and a repeat of the same job from the same caller.

How to claim: email hello@bookedcaller.com within 30 days after the guarantee period ends (promise 2), or within 30 days after your first payment (promise 1), with your business name and the email address you signed up with. If we do not receive a claim in that time, you cannot claim later. The guarantee does not renew and does not run on.

We check the call log and, if the claim is valid, apply the free month or refund the original payment method within 14 days. One claim of each kind per business. The guarantee cannot be transferred. It is your only remedy if you are unhappy with the results of the service.

8. Contract length and cancelling

The agreement runs month to month. There is no long-term contract.

Cancel any time by emailing hello@bookedcaller.com before your next billing date. The service then ends at the end of the month you have paid for. We do not refund part of a month.

We may suspend or end the service if you do not pay, break this agreement, break the law, or misuse the service. We will tell you why where we can.

When the agreement ends we stop answering your calls. Remember to turn off your call forwarding. We delete your data as described in our privacy pages.

9. No other promises

The service is provided "as is" and "as available". We do not promise it will be uninterrupted or error free. It depends on phone networks, your phone company, the internet and other providers we do not control, and they sometimes fail.

Except for what this agreement says, we make no promises about the service, and we exclude any promises the law allows us to exclude.

We do not give legal, tax or compliance advice. You are responsible for knowing and following the laws that apply to your business.

10. Our liability

Our total liability to you for everything connected with the service and this agreement is limited to the fees you paid us in the 3 months before the event that gave rise to the claim.

We are not liable for lost jobs, missed or wrongly handled calls, lost customers, lost profits, lost revenue, harm to your reputation, or any indirect or consequential loss, even if we were told it could happen.

We are not liable for anything caused by you, your customers, your phone company, or events outside our control, such as outages, severe weather or acts of third parties.

Any claim must be brought within 1 year after it arises.

Nothing in this agreement limits liability that cannot be limited by law. Some places do not allow some of these limits, so some may not apply to you.

11. Your promise to cover us

You agree to defend and compensate us against claims, costs and losses from third parties (including customers) that arise from your plumbing work or services, bookings you fail to honour, your breach of this agreement or of the law, or information and instructions you gave us. We will tell you promptly about any claim, and you may control its defence, but you may not settle it in a way that admits fault for us without our written consent.

12. Your customers

The callers are your customers, not ours. We are not a party to any job, quote, booking or payment between you and a caller. You deal with their questions and complaints about your work.

We are independent from you. Nothing here makes us your partner, employee or agent.

13. Changes to these terms

We may update these terms. We will email you at least 30 days before a change takes effect. If you keep using the service after that, you accept the change. If you do not accept it, you can cancel before it takes effect.

14. General

• This is the whole agreement. It replaces anything said before about the service, including in sales calls.
• If part of it cannot be enforced, the rest still applies.
• You may not transfer this agreement without our written consent. We may transfer it as part of a sale of our business.
• Neither of us is liable for delay or failure caused by events outside our reasonable control.
• We will give notices by email to the address on your account. You give notices to hello@bookedcaller.com.
• This agreement is governed by the laws of Texas, and the courts there have jurisdiction, unless the law requires otherwise. Before starting any court case, each of us will first try to settle the matter informally for at least 30 days after written notice.

15. Contact

BookedCaller ("we", "us", "BookedCaller"). Email hello@bookedcaller.com.