Abby Connect Franchise Call Handling Terms & Conditions
Abby Connect (“Abby”) hereby agrees to provide various Telecommunications Services to Client pursuant to the Terms and Conditions set forth herein and in the Service Agreement.
Last updated: August 19, 2024
Franchise Call Handling Supplemental Terms
These Franchise Call Handling Supplemental Terms and Abby Connect’s General Terms and Conditions (available at https://www.abby.com/terms/) (together, the “Franchise Agreement”) are a binding agreement between you and TelAssistsant LLC dba Abby Connect (“Abby Connect” or “Abby”) that apply to each franchisor (“Franchisor”) or franchisee (“Franchisee”) subscription account. The Franchise Agreement governs your access to and use of our website, human or AI-assisted receptionist services (including our related web portal and mobile application), live chat services, and any other products or services provided by us to you under a Franchisor or Franchisee subscription account (collectively, the “Services”).
You agree to the Franchise Agreement by accessing, using, or purchasing any Services using or included in a Franchisor or Franchisee subscription account. If you do not agree to the Franchise Agreement, you may not use the Services. In the event of any conflict between these Franchise Supplemental Terms and Abby Connect’s General Terms and Conditions, these Franchise Supplemental Terms will govern as to your use of the Services.
1. Franchise Master Account
Franchise Master Account: As a condition to accessing the franchise features of the Services, including the ability to manage Franchisee sub-accounts through the Franchisor web portal, Franchisors must agree to the Franchise Agreement, and purchase and activate a Franchisor subscription master account (“Franchise Master Account”). Each Franchise Master Account will be permitted to set up one location. Additional Franchisor locations may be set up as separate sub-accounts under the Franchise Master Account by paying the Sub-account Subscription Fee (see Section 2 below) for each additional Franchisor location.
Master Account Subscription Fee: The subscription fee for each Franchise Master Account (“Master Account Subscription Fee”) will be the same as the Abby Connect Receptionist Services Growth Plan (currently $1,380/month). Each Franchise Master Account will have access to the same features and services as the Growth Plan (including, without limitation, 500 Receptionist Minutes per month). All sub-accounts—whether an additional Franchisor location or a Franchisee Sub-account—must purchase access to the Services separately and may not share subscription services with the Franchise Master Account.
If a Franchise Master Account uses more than 1,000 Receptionist Minutes in any given month, Abby Connect will automatically upgrade the Franchise Master Account to a custom Enterprise level package, as stated in Abby Connect’s General Terms and Conditions (see Receptionist Services – Enterprise Plans).
2. Franchisee Sub-Account Subscription; Sub-account Subscription Fee
Franchisee Sub-account: Each Franchisee of the Franchisor must set up a separate sub-account (linked to the Franchise Master Account) for each Franchisee location. Each Franchisee sub-account must pay the Sub-account Subscription Fee (defined below).
Subaccount Subscription Fee: The Sub-account Subscription Fee for each Franchisee sub-account or additional Franchisor location is a recurring monthly subscription fee (currently $85 per month, not including any Receptionist Minutes). The Sub-account Subscription Fee does not include any pre-paid Receptionist Minutes. Receptionist Minutes must be purchased separately by the sub-account owner for $3.29 per Receptionist Minute.
The features on the Services made available to a Franchisor’s sub-accounts will vary based on the number of franchise locations actively in business, as follows:
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Sub-accounts will have access to the features in the Essential Plan (excluding pre-paid Receptionist Minutes) |
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Sub-accounts will have access to the features in the Professional Plan (excluding pre-paid Receptionist Minutes)
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Sub-accounts will have access to the features in the Growth Plan (excluding pre-paid Receptionist Minutes)
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Sub-accounts will have access to the features in the Growth Plan (excluding pre-paid Receptionist Minutes) plus 24/7 phone coverage at no additional cost
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Example: Bill’s Fitness Center has 60 locations. The Franchisor, located in Las Vegas, Nevada, signs up for a Franchise Master Account at $1,380 per month. The Franchisor will receive 500 Receptionist Minutes included in their Master Account Subscription. If the Franchisor uses more than 500 Receptionist Minutes in a month, the Franchisor will pay $2.76 per additional Receptionist Minute over 500 Receptionist Minutes. The Franchise Master Account will have access to all features advertised in the Growth Plan.
A Franchisee of Bill’s Fitness Center with a location in Scottsdale, Arizona, signs up with Abby Connect as a sub-account under the Franchise Master Account. The Franchisee must pay the Sub-account Subscription Fee equal to $85 per month (not including any Receptionist Minutes), plus an additional $3.29 per Receptionist Minute that the Franchisee uses. Because Bill’s Fitness Center has 60 locations, the Franchisee’s sub-account will have access to all the features advertised in the Professional Plan.
Let’s say after a few months have passed, Bill’s Fitness Center grows to 120 locations. Because the number of locations has increased to 120, the features available to each of the Franchisor’s sub-accounts will be those under the Growth Plan. Although the features available to each sub-account have increased, the Sub-account Subscription Fee will remain $85 per month (not including any Receptionist Minutes).
Notwithstanding anything to the contrary in this Franchise Agreement, in the event any sub-account uses over 75 Receptionist Minutes in any given month, Franchisor and Franchisee agree that Abby Connect reserves the right to require such sub-account to purchase a custom plan at a monthly subscription rate determined by Abby Connect (“Custom Sub-account Subscription Fee”), which will be based on the sub-account’s historical Receptionist Minute usage. To remain as a sub-account under the franchise structure, the Franchisee will need to pay the Custom Sub-account Subscription Fee. Franchisees may elect to close their sub-account and open a retail subscription account instead (outside of the franchise structure), which retail subscription account would be subject to Abby Connect’s General Terms and Conditions.
3. Sub-Account Data
Franchisor and Franchisee acknowledge and agree that the Master Franchisor Account will have access to all call logs, message records, account information, client information, and other information and data in each linked sub-account (“Sub-account Data”). If a Franchisee does not want the Master Franchisor Account to have access to the Franchisee’s Sub-account Data, then the Franchisee must not open a sub-account under the Master Franchisor Account.
By opening or authorizing any sub-account, Franchisor and Franchisee represent and warrant that each has obtained all necessary authorizations and consents under applicable laws, rules, and regulations (including data privacy laws) to permit Franchisor to collect, access, and use the Franchisee’s Sub-account Data as contemplated by this Franchise Agreement.
4. Add-On Services for Franchise Call Handling
The fee for any add-on service (e.g., 24/7 coverage) only provides access to a single master or sub- account. For example, if the Franchisor pays for add-on 24/7 coverage ($95 per month), only the Franchisor’s Master Account will have access to the add-on 24/7 coverage; the Franchisor’s payment of the add-on fee does not entitle any sub-account to 24/7 coverage. In order for a sub-account to receive any add-on service, the sub-account must pay for the add-on service separately.
5. Billing for Franchise Call Handling
The Franchise Master Account must pay for all Master Account Subscription Fees and any fees related to the Franchise Master Account (e.g., add-on fees). The Franchisor must choose whether the Franchisor will also be responsible for all Sub-account Subscription Fees, or whether Franchisees will be responsible for their own Sub-Account Subscription Fees. Abby Connect reserves the right to charge interest on overdue amounts or terminate provision of Services for late or non-payment by the Franchise Master Account or any Sub-account, as set forth in these Franchise Supplemental Terms (please see Section 6 below) and the General Terms and Conditions (see Term and Termination).
6. Account Suspension, Termination, and Default
Franchisor and Franchisee acknowledge and agree that, in the event the Franchise Master Account terminates or is suspended for any reason (including, without limitation, for late payment or non-payment of the Master Account Subscription Fees and related charges or any relevant Sub-account Subscription Fees), Abby Connect reserves the right to charge interest on overdue amounts, suspend Services for the Franchise Master Account and all linked sub-accounts, or terminate the Franchise Master Account and all linked sub-accounts (even if Franchisees are responsible for paying their own Sub-account Subscription Fees). When a Franchise Master Account is terminated or suspended, all linked sub-accounts must also be terminated or suspended, as the case may be. Franchisees with closed sub-accounts may elect to open a retail account, instead, but the Franchisees will not be permitted to continue under the franchise account structure without an active Franchise Master Account.
In the event a Franchisee is responsible for paying its own Sub-account Subscription Fees and has an overdue or unpaid balance, Abby Connect reserves the right to charge interest on overdue amounts, suspend Services, or terminate the Franchisee’s account in accordance with the terms set forth in the General Terms and Conditions. Provided that the Franchise Master Account owner has not agreed to be financially responsible for a delinquent sub-account, the status of a Franchise Master Account will not be affected by a delinquent sub-account.
7. Franchisor Indemnity
Franchisor will indemnify, defend, and hold harmless Abby Connect and its officers, members, employees, advisors, contractors, agents, affiliates, successors, and permitted assigns (collectively, “Indemnitees”) from an against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, the costs of enforcing any right to indemnification under this Franchise Agreement, and the cost of pursuing any insurance providers (collectively, “Losses”), relating to, arising out of, or resulting from any claim of a third party arising out of or occurring in connection with Franchisor’s or any Franchisee’s willful misconduct or negligent acts and omissions in the access to or use of the Services; any breach of confidentiality or data privacy obligation by Franchisor or any Franchisee; any violation by Franchisor or any Franchisee of applicable laws or regulations; or any breach by Franchisor or any Franchisee of this Franchise Agreement. Abby Connect reserves the right, at Franchisor’s expense, to assume the exclusive defense and control of any matter for which Franchisor is required to indemnify Abby Connect, and Franchisor agrees to cooperate with Abby Connect’s defense of such claims. Franchisor agrees not to settle any such matter without Abby Connect’s prior written consent. Abby Connect will use reasonable efforts to notify Franchisor of any such claim, action, or proceeding when Abby Connect becomes aware of it.