Terms of Service

Agreement

These terms govern your use of services provided by Backfill Systems ("we," "us," "our"). By purchasing or using our services, you agree to these terms. If you do not agree, do not use our services.

Services

We provide setup, configuration, and ongoing management of automated customer communication and lead management systems, which may include missed-call response, lead response automation, estimate follow-up, review requests, automated call answering, and customer reactivation campaigns. The specific services included are described in your service agreement.

Fees and billing

• Setup fees, where applicable, are due before work begins and are non-refundable except as described under Guarantee below.
• Monthly fees are billed in advance on the same day each month.
• Messaging, calling, and third-party platform costs may be billed separately or passed through at cost, as stated in your service agreement.
• Fees not paid within 10 days of the due date may result in suspension of service.

Guarantee

Where a written performance guarantee is included in your service agreement, it applies only to the first 30 days of service, only where you have provided the access, information, and customer list data reasonably necessary for us to operate the system, and only where you have not disabled or materially altered the system we installed.

Term and cancellation

Services are provided on a monthly basis following any minimum commitment period stated in your service agreement. After that period, either party may cancel with 30 days written notice. Fees already paid are not refundable on cancellation except where a guarantee applies.

Your responsibilities

You are responsible for obtaining valid consent from your own customers before those customers receive messages through systems we set up for you. You agree to comply with all applicable laws governing telephone and text message communication, including the Telephone Consumer Protection Act and applicable carrier requirements.

You are responsible for the accuracy of any customer list or contact data you provide to us, and for honoring opt-out requests from your customers. We are not liable for penalties, claims, or carrier action resulting from your failure to obtain consent or honor opt-outs.

Acceptable use

Our services may not be used to send unlawful, deceptive, harassing, or unsolicited commercial messages, or messages relating to categories prohibited by mobile carriers. We may suspend or terminate service immediately for violations of this section.

Third-party platforms

Our services depend on third-party platforms and telecommunications carriers. We are not responsible for outages, changes in pricing or policy, message filtering, or service interruptions caused by those third parties.

Limitation of liability

We provide our services on an "as is" basis. To the maximum extent permitted by law, our total liability arising out of or relating to these terms or our services is limited to the amount you paid us in the three months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including lost profits or lost business opportunities.

Confidentiality

Each party agrees to protect the other's confidential business information and not to disclose it to third parties except as necessary to provide the services or as required by law.

Governing law

These terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute will be brought in the state or federal courts located in Harris County, Texas.

Changes

We may update these terms from time to time. Continued use of our services after a change takes effect constitutes acceptance of the revised terms.

Contact

Backfill Systems
Houston, Texas
Phone: (832) 924-0363
Email: ethan@backfillsystems.com