Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client") and Viatel Communications ("," "we," "our," or "us"), governing your use of our professional answering and communication services.

By signing a service agreement, submitting a service application, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and HIPAA & Data Protection Policy, each of which is incorporated by reference.

2. Description of Services

Viatel Communications provides professional live answering and communication management services, which may include:

• Live call answering on behalf of your business or practice
• Message taking and delivery via email, text, or your preferred method
• Appointment confirmation and scheduling support
• After-hours call coverage
• Priority call routing and escalation
• Communication management services as outlined in your service agreement

3. Services Are Not Medical or Legal Advice

Viatel Communications is a professional communication service. We are not a medical provider, healthcare organization, law firm, or legal services provider.

Our agents do not provide medical advice, diagnoses, treatment recommendations, legal advice, legal opinions, or any other professional advice requiring licensure. Our role is strictly to answer calls on your behalf according to the protocols you provide, accurately capture and relay information from callers to you, and follow the triage and escalation instructions established during onboarding.

Callers with medical emergencies should always be directed to dial 911 or their local emergency services. It is the Client's responsibility to ensure their call protocol includes appropriate emergency instructions.

4. Client Responsibilities

By using Viatel Communications services, you agree to:

• Provide accurate and complete onboarding information, including call scripts, escalation contacts, scheduling instructions, and relevant business protocols
• Keep your contact information and call protocol up to date
• Notify us promptly of any changes to your protocols, staff, or coverage needs
• Ensure that any instructions you provide to us comply with applicable laws and regulations, including HIPAA if you are a healthcare provider
• Not use our services for any unlawful purpose or in any manner that violates these Terms
• Pay all fees and charges in accordance with your selected plan and the payment terms below

5. HIPAA Compliance and Business Associate Agreements

Healthcare clients who are Covered Entities under HIPAA must execute a Business Associate Agreement (BAA) with Viatel Communications prior to the commencement of services. Non-healthcare clients who do not transmit PHI are not required to execute a BAA. However, all clients agree to use our services in a manner consistent with applicable privacy laws.

For more information, see our HIPAA & Data Protection Policy.

6. Call Handling Limitations

Viatel Communications acts as a communication facilitator only. We are not responsible for decisions made by Clients based on information relayed by our agents. By using our services, you acknowledge and agree that:

• Our agents follow the scripts and protocols you provide; we are not responsible for outcomes resulting from incomplete or inaccurate protocols
• We are not liable for missed calls due to technical failures, network outages, or events outside our reasonable control
• Message delivery times may vary depending on your selected notification method
• We do not guarantee a specific answer time or call handling speed, though we strive to answer calls within 30 seconds on average
• Call recordings are maintained for quality assurance; the Client may request access in accordance with their service agreement

7. SMS Terms of Service

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Viatel Communications. This includes SMS messages for conversations (external). Message frequency varies. Message and data rates may apply. See privacy policy at viatelcommunications.com/privacy. Message HELP for help. Reply STOP to any message to opt out.

8. Payment Terms

Services are billed on a monthly basis. Your plan rate is due at the beginning of each billing cycle. The following terms apply:

• Monthly Plans: Billed monthly in advance. Plan pricing is set forth in your selected plan and service agreement.
• Overage Charges: If your total monthly minutes exceed the included limit, overage charges will be applied at the per-minute rate for your plan. You will be notified when you are approaching your limit.
• Late Payments: Invoices not paid within 10 days of the due date may result in service suspension. Services will be restored promptly upon receipt of payment.
• Disputed Charges: You must notify us of any disputed charge within 30 days of the invoice date.
• Price Changes: We reserve the right to modify pricing with 30 days written notice.

9. Service Availability

We strive to provide continuous, 24/7/365 service availability. However, we do not guarantee uninterrupted service. Scheduled maintenance, unexpected technical failures, or events beyond our reasonable control may occasionally impact availability. In the event of a service disruption, we will work to restore service as promptly as possible and will notify affected clients of significant outages.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIATEL COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR GOODWILL, ANY DAMAGES ARISING FROM RELIANCE ON INFORMATION RELAYED BY OUR AGENTS, OR ANY THIRD-PARTY CLAIMS.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

Either party may terminate the service relationship with 30 days written notice. Upon termination:

• Access to services will cease at the end of the current billing period or 30 days from notice, whichever is later
• All outstanding balances become immediately due and payable
• PHI and call records will be returned to the Client or securely destroyed per the terms of the BAA (for healthcare clients)
• Viatel Communications may immediately terminate services without notice if the Client violates these Terms, engages in unlawful activity, or fails to pay invoices after a grace period

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.

Before initiating formal proceedings, both parties agree to attempt to resolve disputes informally by contacting the other party in writing and attempting good-faith negotiations for at least 30 days.

13. Contact Information

For questions about these Terms of Service, to provide notice, or to discuss your service agreement:

• Email: info@viatelcommunications.com
• Phone: 888-867-0095
• Mailing Address: Viatel Communications, 8735 Dunwoody Place, Ste R, Atlanta, GA 30350

Viatel Communications reserves the right to modify these Terms at any time. We will provide notice of material changes via email or by updating the effective date on this page.