HomeMy WebLinkAboutContract 1581 r `
Cadence Communications, Inc.
'Maintaining du tempo of your 6usiness"
31-855 Date Palm Drive, Suite 3-444
� � j Cd Cathedral City,CA.r¢V402, Phone: 760-322-6717 Fax::760-
760-322-6762
Cornmunloations Email: Linda @CadenceComm.biz
Call Center Service Agreemerit$
This Call Center Service Agreement(hereinafter"Agreement") is made the 244 day of January , 2014
Between CADENCE COMMUNICATIONS, INC. (hereinafter"Cadence")and
City of Cathedral City.California
(hereinafter"CUSTOMER").
In accordance with this Agreement, CADENCE agrees to provide telephone answering service to CUSTOMER
pursuant to the applicable portions of the attached Fee Schedule. CUSTOMER agrees to pay pursuant to the terms and
conditions hereinafter mentioned, in return for receipt of said telephone answering service.
PAYMENT TERMS:SECURITY DEPOSIT
CUSTOMER hereby agrees to pay CADENCE starting at$22.50 per billing period, in advance of services . Prior to
the beginning of service CUSTOMER shall pay first months service rate of$ 22.50 and a $50,00 non-refundable
set up charge for a total of$ 72.50 .
LATE PAYMENTS
CUSTOMER shall have a grace period of five days within which to remit payment after the date on which such payment
is due. Thereafter, CADENCE may charge a late fee of 1.75%of any unpaid amount.
TERMS OF AGREEMENT
The length of this Agreement is �Z_ months.After this period, CADENCE and CUSTOMER may choose to renew this
Agreement on a month-to-month basis by continuing to perform the Agreement as agreed hereto.
FEE SCHEDULE
The attached Fee Schedule is hereby expressly made a part of this Agreement. CUSTOMER must provide all
information requested on the Fee Schedule and otherwise reasonably requested. CUSTOMER must keep CADENCE
informed at all times of changes to any information provided on the Fee Schedule by giving CADENCE written notice of
such changes.CUSTOMER must provide CADENCE with all information on the Fee Schedule which relates to handling
of emergency calls.
LIMITATION OF SERVICES
CADENCE shall receive telephone messages as provided in the applicable portion of the Fee Schedule. It is hereby
explicitly stated by CADENCE and acknowledged by CUSTOMER that:
• CADENCE employees and operators are not qualified to determine whether a caller's condition or inquiry
constitutes an actual emergency. CADENCE will treat as an emergency any call which is described by a caller
as an"emergency".
• CADENCE employees and operators are not qualified to render advice of any kind to any caller, including
medical advice.
• CADENCE employees and operators will not take detailed medical information(such as treatment,treatment
advice, prescriptions, prescription advice,and lab results)as part of its answering service.
SUSPENSION OF SERVICE:TERMINATION OF AGREEMENT
CADENCE may, but is not required to, suspend service without notice if CUSTOMER fails to pay any amount due
within 15 days after the date such payment was due. Service suspended by CADENCE under this paragraph will not be
reinstated until CUSTOMER has brought its account current and paid a reconnections fee, as may be fixed by
CADENCE.
If at any time it becomes necessary for CADENCE to terminate this agreement for a reason other than CUSTOMER
delinquency in payment, CADENCE will provide CUSTOMER with written notice of not less than 30 days.
LIMITATION OF LIABILITY
CUSTOMER hereby agrees to release and hold harmless CADENCE,as well as, its agents, employees, and successors
from liability,damages, losses, and claims of any kind, relating to provision of services under this Agreement.
CUSTOMER's sole remedy for any liability of CADENCE arising out of any failure under this Agreement shall
be limited to a liquidated damages amount of six times the monthly service amount indicated above,regardless
of the basis of CADENCE's liability.By initialing under this provision,CUSTOMER agrees that this amount is
not punitive,and is reasonable and fair in light of the na`tIu of services provided.
C�
CUSTO R
WARRANTIES
No representations or warranties, either express or implied, have been made by CADENCE in connection with any of
the services provided pursuant to this Agreement. Before CUSTOMER takes any action based on information provided
it by CADENCE,CUSTOMER agrees that it will verify the accuracy of any such information received.
INDEMNIFICATION
CUSTOMER agrees to indemnify, hold harmless, and defend CADENCE, its agents, employees, and successors from
any claims brought against CADENCE by parties other than CUSTOMER for any reason, regardless of the basis of
such claim.
FORCE MAJUERE
CADENCE shall not be liable for any interruption of service which is attributable to a cause beyond its control, including
but not limited to,floods, storms, fires,war,acts of terrorism, acts of God, strikes, power failures,or interruption or
unavailability of telephone service. CADENCE is not required to provide telephone answering service while any such
interruption exists.
ATTORNEYS'FEES AND COSTS
CUSTOMER shall pay to CADENCE reasonable attorneys'fees or collection fees and costs required to be expended by
CADENCE in order to collect fees to which it is entitled under this Agreement.
APPLICABLE LAW: SEVERABILiTY
In the event of a dispute arising under this Agreement, said Agreement shall be construed and enforced pursuant to
the laws of the State of California. If any provision of this Agreement is held unenforceable,then such provision will be
modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
ENTIRE AGREEMENT.
This Agreement and the Fee Schedule attached hereto constitute the entire agreement of the parties with respect to the
subject matter of this Agreement, and supercede all prior negotiations and understandings with respect thereto. This
Agreement may only be amended by a written document duly executed by both parties.
CADENCE COMMUNICATIONS, INC. CUSTOMER
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