Effective date: June 25, 2018
1. Scope
This policy covers all professional services, media production, and facility and equipment rentals provided by Seravox, Inc. (“Seravox,” “we,” “us”), its employees, and its contractors to businesses and individuals (“you”). Professional services include, but are not limited to, consulting, advisory, and support services, provided as fixed-fee projects, progress-billed engagements, or support subscriptions. In this policy, “services” means all of the above. By booking, paying for, or accepting our services, you agree to this policy. This policy is incorporated into, and forms part of, every engagement agreement, statement of work, subscription, rental, and invoice we issue, whether or not it is attached. If this policy conflicts with a signed engagement agreement, the signed agreement controls. Software, hardware, and other tangible products we sell are subject to their seller’s or manufacturer’s refund terms.
2. How We Bill Professional Services
We invoice professional services at one of these points:
- Before services begin, for fixed-fee projects that can be fully rendered by the end of the next business day. Fixed-fee projects that run longer are billed in progress payments as the work is performed, so each invoice covers only professional services that can be fully rendered by the end of the next business day.
- During the engagement, as progress billings for work completed.
- Right after services are rendered, as a final progress billing or a single billing.
We never invoice for professional services we can’t fully render by the end of the next business day. That means every invoice reflects work that has been, or is about to be, fully performed. In this policy, “business day” means Monday through Friday, excluding federal holidays. All invoices are due on receipt. Fees don’t include applicable taxes, which are added to your invoice.
There are only two exceptions to this rule:
- Engagements that require travel. If our staff must travel for an engagement, the full amount, covering all professional services plus all travel costs, must be paid in advance. The engagement isn’t confirmed until we receive that payment.
- Client-requested advance payment. If a client asks to pay for services more than one business day before they’re rendered, we may accept the advance payment at our discretion. We’ll hold it as a prepayment and apply it as the services are performed.
In either case, any prepaid services we don’t perform are handled under Section 10, and travel costs are handled under Section 11.
Support subscriptions, media production, and facility and equipment rentals are separate billing models and aren’t subject to the one-business-day rule above. They’re billed as described in Sections 3, 4, and 5.
3. Support Subscriptions
We offer weekly, bi-weekly, and monthly support subscriptions. Each subscription begins on the date you choose. A subscription period runs from that start date for 7 days (weekly), 14 days (bi-weekly), or one calendar month (monthly), and is billed in advance at the start of each period. For monthly subscriptions that start on the 29th, 30th, or 31st, a period ends on the last day of any shorter month.
A subscription renews automatically at the end of each period only if it was set up to auto-renew when you enrolled. Otherwise, it ends at the close of its final paid period unless you renew it.
Subscriptions work on a use-it-or-lose-it basis. Support hours or services not used during a subscription period expire at the end of that period. They don’t roll over and aren’t refundable or creditable. You may cancel a subscription under Section 9.3. Cancellation takes effect at the end of the current subscription period, and no partial-period refunds are issued.
4. Media Production
Media production is separate from our other professional services and is always paid in full in advance. Seravox guarantees delivery within 30 days after we receive full payment and all materials, information, and approvals we need from you. If you’re late providing any of those, the delivery date moves back by the same number of days.
- No revisions. Media production is delivered as final. Revisions aren’t included and aren’t available.
- Nonrefundable. Once paid, media production is nonrefundable, except as provided under late delivery below, under Section 9.5, or as required by law.
- Late delivery. If we miss the guaranteed delivery date for reasons within our control, we’ll refund 10% of the media production fee for each full week of delay, up to 50%. If delivery is more than 30 days late, you may cancel instead and receive a refund of the remaining amount paid.
- Concerns. You may raise a concern under Section 7 within 10 business days of delivery, for example if the delivered work doesn’t match what was ordered. Because revisions aren’t offered, any fix is at Seravox’s discretion.
5. Facility and Equipment Rentals
5.1 Billing. Facility and equipment rentals are billed no earlier than the day before the rental, and usually on the day of the rental. If a client asks to pay further in advance, we may accept the advance payment at our discretion and hold it as a prepayment for the rental. If the rental is cancelled, the prepayment is handled under 5.2, and any amount left after the cancellation fee is refunded under Section 12.
5.2 Cancellation and rescheduling. Facility and equipment rentals confirmed by Seravox by email follow the same cancellation and rescheduling terms as confirmed professional services involving you under Sections 9.1 and 9.6. Fees are a percentage of the rental fee for the cancelled booking. For rentals, references in Sections 9.1 and 9.6 to professional services mean the rental.
5.3 Damage, loss, overtime, and late returns. You’re responsible for any damage to the facility or rented equipment beyond normal wear and tear, and for any equipment that’s lost or stolen while in your care, whether it’s used on-site or off-site. You’ll be charged the reasonable cost of repair or, if the item can’t be repaired, its replacement cost. Facility time used beyond the booked period, and equipment returned late, are charged at the applicable rental rate for the additional time.
5.4 Security deposit. We may require a security deposit at our discretion, usually for first-time clients. We’ll return the deposit within 5 business days after the rental ends, minus any charges under 5.3. If those charges exceed the deposit, you’re responsible for the balance.
6. Our Commitment to Quality
We check in with clients throughout each engagement. If we see any sign that a client isn’t fully satisfied, we’ll reach out right away and work to fix the issue at no extra charge, except as stated in Section 4.
7. Raising a Concern
If you have a concern about any service, please tell us in writing at Payments@Seravox.com within 10 business days of the date the service was rendered, delivered, or invoiced, whichever comes later. Describe the issue and the services involved. We’ll respond within 2 business days and work with you in good faith to fix it.
8. Acceptance of Services
Services are considered accepted, and fees fully earned, at the end of the concern period in Section 7 unless you’ve raised a written concern within that period. Using or relying on our services doesn’t waive your right to raise a timely concern.
9. Cancellation and Rescheduling
9.1 Confirmed professional services involving you. These cancellation fees apply to scheduled professional services, remote or in person, that actively involve you and that Seravox has confirmed by email. They don’t apply to work our staff performs independently. Fees are a percentage of the fees for the cancelled professional services. For services billed by the hour, those fees are based on the scheduled duration at the applicable rate. Notice is measured from the scheduled start time. “No advance notice” means a cancellation at or after the scheduled start time, or a no-show. If more than one row applies, the row with the shortest notice applies. You may withdraw a request we haven’t yet confirmed without any fee.
| Notice before scheduled start | Cancellation fee (% of fees for the cancelled professional services) |
|---|---|
| 24 hours or more | No fee |
| Less than 24 hours | 25% |
| Less than 12 hours | 50% |
| Less than 4 hours | 75% |
| No advance notice | 100% |
9.2 Confirmed professional services that require staff travel. If confirmed professional services require one of our staff to travel, these cancellation fees apply instead and are a percentage of the fees for the cancelled professional services. The rules in 9.1 for calculating fees, measuring notice, and choosing the applicable row apply here as well. As described in Section 2, these professional services are confirmed only after we receive full payment in advance. In addition to the fee, you’re responsible for 100% of travel and lodging costs already incurred or that can’t be refunded.
| Notice before scheduled start | Cancellation fee (% of fees for the cancelled professional services) | Travel and lodging |
|---|---|---|
| 1 week or more | 25% | 100% of costs incurred or nonrefundable |
| Less than 1 week | 50% | 100% of costs incurred or nonrefundable |
| Less than 72 hours | 75% | 100% of costs incurred or nonrefundable |
| Less than 24 hours | 100% | 100% of costs incurred or nonrefundable |
| No advance notice | 100% | 100% of costs incurred or nonrefundable |
9.3 Other professional services and subscriptions. For professional services that aren’t scheduled with you, you may cancel with 1 business day’s written notice. You’ll be billed for all professional services rendered and costs incurred through the cancellation date. To cancel a subscription, your notice must be received at least 1 business day before the next subscription period begins. Otherwise, the cancellation takes effect at the end of the following period.
9.4 Why these fees exist. Cancellation fees are a reasonable estimate of what Seravox loses when reserved staff time, facility time, or equipment can’t be rebooked on short notice. They are not a penalty.
9.5 Cancellation by Seravox. Seravox may end an engagement, subscription, media production, or rental with written notice. In that case, you’ll be billed only for services rendered or delivered and costs incurred through the end date. Any prepaid amount for services not yet rendered or delivered will be refunded under Section 12, and no cancellation fee applies.
9.6 Rescheduling. Rescheduling confirmed professional services is treated the same as a cancellation. If you reschedule with enough notice that no cancellation fee would apply under 9.1 or 9.2, there’s no fee. If you reschedule with less notice than that, the applicable cancellation fee still applies, but Seravox may waive it at its discretion. Waiving a fee once doesn’t waive it for any future rescheduling.
9.7 Staff travel delays. If a travel delay beyond Seravox’s reasonable control, such as weather or a flight cancellation, keeps our staff from arriving as scheduled, the confirmed professional services aren’t cancelled. Our staff will travel on the next available option, and the professional services will begin as soon as they arrive. Neither party owes a cancellation fee because of the delay. Since travel costs are your responsibility under Section 2, any added travel and lodging costs caused by the rebooking are included. If you choose to cancel instead of proceeding, Sections 9.2 and 9.6 apply, measured from the original scheduled start time.
10. Refunds for Professional Services
Because our fees pay for professional time and expertise that can’t be returned once provided, fees for rendered and accepted services are nonrefundable. A refund may be given only in the cases below, as provided in Section 9.5, or as required by law:
- Prepaid services we haven’t performed. If an engagement is cancelled before we perform prepaid services, we’ll refund the unperformed part, minus any nonrefundable costs we’ve already incurred and any cancellation fee under Section 9.
- A timely concern we can’t resolve. If you raise a concern within the period in Section 7 and we can’t resolve it through corrective work, we may issue a partial or full refund for the affected services, at our reasonable discretion.
Media production and rentals follow Sections 4 and 5.
11. Nonrefundable Items
These are not refundable, except as required by law:
- Services that have been rendered and accepted.
- Unused support subscription time from any subscription period.
- Media production once paid, except as provided in Section 4.
- Facility and equipment rental fees once the rental period begins.
- Third-party costs we incurred for you, such as software licenses, filing fees, or subcontractor fees.
- Travel costs already incurred or that can’t be refunded, such as nonrefundable airfare or lodging.
- Work delayed or affected by your failure to provide needed information, access, or approvals.
- Work outside the agreed scope that you asked for.
12. How Refunds Are Paid
Approved refunds are initiated within 5 business days of approval to the original payment method. Depending on your bank or card issuer, it may take 7 to 10 days after we initiate a refund for it to post to your account. If the original payment method is no longer available, we’ll refund by another reasonable method. We aren’t responsible for delays caused by your bank or payment processor, or for any fees they charge.
13. Late Payments, Chargebacks, and Collection Costs
Unpaid balances accrue interest at 1% per month (12% per year), or the maximum rate the law allows, whichever is lower, starting 10 days after the invoice date.
Please use the concern process in Section 7 before disputing a charge with your bank or card issuer. If you file a chargeback or payment dispute for services rendered, or otherwise fail to pay amounts owed when due, we may pause or end services. To the fullest extent the law allows, you agree to pay all costs we incur to contest the chargeback or recover the amounts owed. These include reasonable attorney’s fees, court costs, collection agency fees, and chargeback and processor fees.
14. Limitation of Liability
To the fullest extent the law allows, our total liability for any claim arising from an engagement, subscription, media production, or rental is limited to the fees you paid for the specific services giving rise to the claim. We aren’t liable for indirect, incidental, consequential, or lost-profit damages.
15. Consumer Rights
If you are an individual using our services for personal, family, or household purposes, nothing in this policy limits any rights you have under Ohio or federal consumer protection law that can’t be waived by agreement.
16. Notices and Time
Wherever this policy calls for written notice from you, an email to Payments@Seravox.com counts as written notice. Notice is effective when your email is received. Notices and confirmations from us go to the email address you provided. All times in this policy are Eastern Time.
17. Governing Law and Venue
This policy and any dispute related to our services are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules. Any dispute will be heard in the state or federal courts located in Franklin County, Ohio, except where consumer protection law entitles you to bring a claim elsewhere.
18. Severability and No Waiver
If any part of this policy is found unenforceable, the rest of the policy stays in effect. If we don’t enforce a provision at any time, that doesn’t waive our right to enforce it later.
19. Changes to This Policy
We may update this policy from time to time. The version that applies to any services is the one in effect when they were confirmed or rendered, whichever is earlier.
20. Contact
Questions? Contact us at Payments@Seravox.com or 614.612.0362.
