SERVICE AGREEMENT

This agreement is between Echo Communications, hereinafter referred to as "Echo" and all telecommunications service clients, hereinafter referred to as "Subscriber."

 

BILLING AND PAYMENT TERMS

Statements/invoices include base charges for the upcoming billing period and usage charges for the past billing period.  Payments are due upon receipt and are considered past due and delinquent after the date indicated on the front of this statement/invoice; and as such are subject to a late fee of 1.5% of all charges due.  We reserve the right to interrupt service for nonpayment.  All returned checks are subject to a $25.00 fee.  Rates are subject to change with 30 days notice.

 

TERMINATION NOTICE

Echo will continue providing the Subscriber with the service listed on the front of this statement/invoice until cancelled in writing by either party.  Cancellation shall be effective at the end of the billing cycle in which written notice of cancellation is received.  There will be no refunds or credits for portions of a billing cycle or unused service.

 

DISCLAIMER LIABILITY

Echo cannot and does not assume any responsibility for any damages, consequential or otherwise, resulting from any failure to receive or deliver messages.  Even where such a failure is a result of Echo's negligence, misconduct, error or omission, Echo's liability shall in no event exceed an amount equal to the charges payable by the Subscriber for the days on which such act or omission occurred.  Accordingly, you and your insurer should be aware that this express disclaimer of our liability is an integral part of your contractual relationship with Echo.

 

The Subscriber will protect, indemnify and hold Echo harmless from any claim or liability that may be asserted by anyone else, including your insurer, in the event of loss, injury, or damage results in or is claimed to have resulted from Echo's negligence, misconduct, error or omission.

 

NOTIFICATION OF RATE CHANGE

Echo Communications has the right to change rates up to 4.0 percent per year without notice.  A rate change that exceeds 4.0% per year is subject to thirty days notice.

 

ACCEPTANCE OF SERVICE AGREEMENT

Unless you notify us in writing, your continued use of our services will constitute your acceptance of the Service Agreement, these Supplemental Terms and Conditions, and to the amounts and charges stated on the front of this statement/invoice.

 

OTHER IMPORTANT INFORMATION AFFECTING YOUR SERVICE

ALPHANUMERIC/WORD PAGER RISKS

Word Pagers are a very useful tool for on-call personnel.  However, the nature of the technology used presents risks about which all users should be aware.  Of particular concern are numerous "holes" in service coverage.  These holes are more significant than those for numeric pagers, and are frequently found in the most commonly visited areas by our customers: hospitals.  Symptoms associated with service holes include missed and delayed pages.  If you experience a large volume of missed or delayed pages, you may consider an alternative, such as a cell phone, a numeric pager, or a satellite pager, which are no more expensive, but have better coverage than conventional word pagers.

ON CALL CALENDARS & SCHEDULES

We strongly recommend all clients with an on-call arrangement provide us with a periodic calendar.  Some rate plans require a calendar to be submitted to us. Calendars should be submitted to us by  fax at 805-963-1644 or 805-987-6211.  If you would like a copy of a calendar in our preferred format or if you currently do not provide us with a calendar and would like to do so, please contact Stephanie Santana at 805-966-9136 or 805-484-2300.  

Must be in a calendar format

Must be typed or handwritten legibly and logically

Names of on call personnel may not be abbreviated with initials unless initials are defined somewhere on the schedule

Daily on call schedule must be provided at least one full business day before the applicable day.

Weekly on call schedule must be provided at least one full weekday before the beginning of the first applicable day.

Monthly on call schedule must be provided three business days before the first day of the applicable month.

Must be received between 9am and 5pm.

 

Although we always attempt to maintain accurate on call information for all of our customers regardless of whether or not you follow our guidelines, we are not responsible for the accuracy of the information we use if you do not.  If the information is provided to us in a manner other than that describe above, the Standard Service Guaranty with regard to any service provided to you in connection with the on call information is considered void.  It is our customer's responsibility to submit information to us and to confirm receipt.  

 

EMPLOYEE CONFIDENTIALITY POLICY

 

Employees are prohibited to disclose the contents, or any part, of any telephone, radio (including television and facsimile), teletypewriter or telegraph message addressed to another person without the permission of the sender, or willfully alter the purport of effect or meaning of any such message.  Both parties to a telephone conversation are considered senders.

 

Employees are prohibited from using any information, derived from any private message passing through their hands and addressed to another person, or in any other manner acquired as an employee of Echo Communications.

 

Employees are prohibited from permitting any unauthorized person to listen to any telephone conversation.  Employees must not monitor any connection more than is needed for its proper supervision.

 

Employees are prohibited from telling anyone the fact or the nature of any message, except as required for handling the call properly.

 

Employees must not give any unauthorized person any information whatever about the location of equipment, trunks, circuits, cables, etc. or about local or toll ticket records of calls, teletypewriter messages, etc.

 

Employees must not tell unauthorized persons or make personal use of information obtained wile making service observations on non-telephone conversations.

 

The secrecy of communications is protected by laws imposing punishment by fine and imprisonment for its violation.  Fines of as much as $10,000 and imprisonment for as long as 2 years, and in some instances longer, may be imposed for breaking these laws.