what’s In A Name – Just Your Business Survival!

Business SurvivalWhat’s so important about how I sign my name?”

I get asked that question all of the time from my business consulting clients.

I tell them that a better question to ask me is this:

“Who cares about how I sign my name?”

The answer is a simple one.

NOBODY.

FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).

As in many areas of the law, the exception to the rule swallows up the rule!

What do I mean by this?

Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.

In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.

FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.

You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.

You MUST avoid signing your name in your individual capacity.

And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.

In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.

SIGN AS AN AGENT OF YOUR BUSINESS

If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.

For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in

EXAMPLE 1 below:

EXAMPLE 1

(signature)
————————
John Doe

“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”

EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.

And not as an agent on behalf of your business.

If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.

And you likely don’t want to do this!

Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.

If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.

Remember then:

Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.

“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?

What simple step can I take to protect my business, and my personal assets as well?

SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS

Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.

How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?

Follow EXAMPLE 2 below:

EXAMPLE 2

ABC CORPORATION, INC.

(signature)
———————————–
BY: John Doe
President (Company Title)

If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.

But you MUST follow the Example 2 precisely.

CAVEAT: Another very important point on this topic.

AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.

A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.

How?

Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.

But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?

If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.

Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.

It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).

How else can I make sure that I am signing my name properly to all of my business documents?

Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.

Now, let’s review.

What’s in a name?

Well… besides your business…

…it could be all of YOUR personal and family assets!

The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.

Copyright (c) 2008. Miguel Mendez, Jr. All rights reserved.

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Good Business Habits

Business HabitsLet me tell you straight, you cannot be a successful business person if you don’t have good business habits. Below I have listed a few habits that you should be doing if you wanted to be a successful business person!

1.) Are you committed to every business you have?

Opening a business is easy but maintaining its operation will take a lot of you time. Will you be available in creating marketing plans and promotional materials? Business without marketing plans is suicide. Once you start a business, put every attention to it. Don’t let your employees manage it. Take note of this, you are the only person who has vision for its success so its only you who can make it
grow.

2.) Are you continuously searching for opportunities?

Business people don’t just stick on 1 or 2 business. A business person always searches for more business opportunities. They are not mediocre. They don’t want stable business but rather a growing one. Always search for new ideas to pursue.. A business person has a vision for numerous income streams for profits!

3.) Do you think positive about you business?

A business person don’t pursue a business to which he/she doesn’t feel positive about. Once you start a business, don’t fill your mind with any negative thoughts. Problems may come your way but it will always have a solution. Business people don’t think of failures, always success behind every problem.

4.) Do you share the business vision?

You can’t survive on your own. You may be skillful at some point but it can’t make you very successful. A business person shares a business vision, to someone else, to a possible business partner. If a single business person can earn $1000 a month, then 2 person can earn $2000 a month. Simple logic but its reality. You can earn more as long as you share same vision with someone else.

5.) Do you delegate tasks?

Normally, every business person only thinks of opportunities and its corresponding marketing campaigns. It will not be healthy if the business person will also do the action of implementation. He will be dead meat if he/she will put every burden unto their shoulders. In fact, employees purpose is to put every plan into action, right?

6.) Do you create a good public image?

People are very sympathetic. They support the business whom they like the owner. Whether you like it or not,if people like your attitude and way of doing business, they will support you. But if you look like a bad boy or a person who looks down and criticizes people, believe me, you will loose every customer you’ve got!

Start creating a good public image. Help support the community where you belong. Extend some help to those in need. Don’t act as if what’s the only thing important to you is your profits and earnings. Make the public see that you care.

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Ways To Finance Your Vending Machine Business

Business MachineWhen starting a business, theres that one big wall that block your way, and thats your startup money. Without money to fund your business, there will be no business at all. So how and where can you get money? Read on to get some ideas on where you can find funding sources for your vending business:

Home Equity Loan
Most people immediately think of getting a standard business loan when thinking of financing a home business or business startup. While this may be appropriate, do not fail to consider using your home as a bank.

Small Business Administration Loan
Banks administer this loan and are more favorable to this type than a standard bank loan because they are only liable for 15% of what they loan (the government carries the other 85%). There are a number of types of documentation required with this loan, but it is certainly worth the trouble if you are willing to follow the process.

Standard Bank Financing
This financial source is probably the most difficult, yet not impossible with good credit and some net worth. Banks typically do not look favorably at vending machine loans and consider them risky because they are not considered a fixed asset.

Invest Your Tax Return Money
For a lot of people, April 15th is bonus time every year as they receive tax returns with earned income credit and deductions for kids. You can use this to slowly build your vending business. Its a great, safer way to build your business.

Family Loan
In some cases, a family member may be favorable to loaning you the money for starting your home-based business. While there may be relationship risks to this setup, it needs to be considered as an alternative to standard business financing. Some family members would rather invest in your business vision and draw a little interest rather than lending it to a bank at 2-3%.

Sell Items You Dont Need
If you badly need to create an income steam, opt for this least popular fund source. How about downsizing your car and investing the money in machines? Why not have a huge yard sale to raise $500-$1000? Why dont you downsize your home and invest your profits in the business? All of us have some money around us in our life that we could put to work.

Lease Purchasing
An option to getting into the vending business is to make an offer to buy an established vending route by lease-purchasing. You agree to lease the route from the seller with an option to buy at the end of the lease period. You invest your profits from the lease period into the purchase of the business or you can continue leasing for the cash flow you are receiving. Remember to get legal help in setting up any contractual agreement like this.

Owner Financing
Not that always easy to find but dont let it stop your from asking the seller of a vending route for it, especially if you have some money to put down.

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Powerful Methods To Stay Successful In Business

Successful BusinessIn business, achieving success is merely half the battle won. The other half? As many veteran businessmen would agree, sustaining success  staying on top of your game and on top of THE game  is the more difficult part of owning and operating a commercial enterprise.

Case in point: flash-in-the-pan businesses are a dime a dozen these days. Overnight successes are stories that are quite commonplace. But businesses that last for years, if not decades? Alas, theyre rarities in this day and age!

The goal isnt merely to succeed in business. The goal should be to remain successful in business.
Here are 5 powerful principles to live by if you want to achieve such a goal:

1. Believe in your business. Your business is bound to encounter many challenges and many tribulations along the way. Some of these trials would be grave enough to make you consider quitting. But should you? Remember: if you dont believe in your business, if you dont believe that it can succeed, then why should your prospective customers believe that your business is the right choice for them? Your faith in your business will go a long, long way in pushing it to reach its fullest potentials.

2.Find satisfaction in what youre doing. If you do not find contentment in what youre doing, then its just a matter of time before you give up on your business. Fulfillment can be attained in so many ways. If you cannot find that sense of fulfillment from your business, its either because: a) youre not looking hard enough; or b) youre looking at the wrong place. The smallest victory can be a cause for celebration. And the tiniest of triumphs can even provide the biggest kind of satisfaction.

3.Make your customers satisfaction your primary goal. Profit is good, but it shouldnt be the driving force of your business if you want your success to last. The happiness of your customers should be your paramount concern. Remembers, happy customers are customers for life.

4.Strive to improve your craft and your trade. Never rest on your laurels. Always try to be the best you can ever be when it comes to the things you do for a living.

5.Have fun! They say that the best kind of moneymaking opportunity is one that you enjoy doing. If you will find such a business, then youve hit the jackpot. Now, no one said that this jackpot cant be created. You can find enjoyment in what youre doing. Even if the business wasnt born from a hobby you once nurtured, you can still find ways by which you can make it very exciting and very enticing for you. Your enthusiasm for your business will eventually show in the products you will deliver.

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Different Strategic Levels In A Business Organization

Business OrganizationA business strategy defines the direction in which a business will take in the future. The business organization tries to achieve an advantage over the competition by the configuration of its resources within a confronting setting so that the needs of the market are met and the expectations of its stockholders are fulfilled. This is the overall definition of a business strategy. This focuses a business organization on which market it should engage in and the activities that are needed to compete in that particular market for the business to grow.

In making a business strategy, the planners need to determine how the organization can outperform its competition in a particular market niche. These are the advantages of the company which it needs to utilize, in order to gain the upper hand. In this connection, the right resources that the company can utilize should be gained, in order to maintain its competitive advantage. These resources will include the skills, various company assets, relationships, facilities and technical competence. As an organization plan how to manage its resources, it should also take into consideration the environment in which it is to operate. These are the external factors which can have an effect on the ability of a business organization to compete. Furthermore, the hope and values of its stakeholders should also be taken into account on the overall business strategy.

Though there is an overall strategy which a business organization enforces, there are different levels in a business setting where particular strategies are implemented. First there is the so called corporate strategy. In this particular strategy level, the focus is on the overall purpose and coverage of the organization to meet the expectations of its stockholders. This is crucial to the company since it has a great influence on its investors and guides the strategic decision making all through the company. A corporate business strategy is posted for all to see in the mission statement of a company.

Next in importance to the corporate strategy would be the business unit strategy of a particular business organization. A business unit strategy is mainly concerned with how a business can compete in its chosen market niche. The decisions which are the focus of attention in a business unit level are about meeting the needs of its costumers, choice of products, gaining advantage on the competition and the creation and exploitation of new opportunities.

The next level of business strategy which a business organization focuses on is the operational strategy of the company. At this level, the focus is on how each segment of the business can be systematized so as to give the direction to the business unit strategy. The consideration is on processes, people, resources and other such concerns. Various business organizations have their own strategies which they see are most advantageous to the company. They each implement safeguards to guarantee that strategic goals and objectives are met and vigorously implemented and followed by each member of the team.

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Nutraceutical Industry – Great Healthcare Business Opportunity

From the decades, consuming nutritious nourishment was reflected as the best medication to treat and avoid numerous illnesses. Those days, there was scarcely seen an individual with any perpetual ailment. Anyhow, with the evolving way of life, nourishment propensities and natural issues, now you can see consistently individual debilitated with some basic sicknesses. It can be cerebral pain, back agony, eye issues and a few such wellbeing issues. It has expanded the interest of dietary supplements, prescriptions and medications in the nutraceutical industry. It gives scope of sustenance and health awareness items utilized for keeping up worthy condition.

The pharmaceutical products demand has been expanded to incredible degree from most recent few years. Healthcare products survived from a huge number of years to treat and keep the illnesses. The countries putting best efforts in nutraceutical industry to produce healthcare products for range of diseases and health conditions have been developed to great extent. Indeed numerous pharmaceutical organizations are taking their interest in developing products including both nutrition and pharmaceutical. The most of the people, who dependably need to carry on with their life in a sound manner, like to keep their body healthier. Some even choose nutritional healthcare products more as compared to consuming medicines for their health. Due to the chances of reaction or any side effect from the medicines, people always look for better option to treat their illness.

The nutritional products are either utilized separated or get decontaminated from the original item. The principle point of nutraceutical industry is to give best conceivable dietary supplements, medicinal items, herbal products and handled nourishments. Such items guarantee to help your wellbeing issues all the more successfully when contrasted with the healthcare products with effective active pharmaceutical ingredients. These products are formed from the natural plants, foods and contagious sources. In most of the healthcare products, these sources are utilized as the primary requirements for the connection of nutrition and wellbeing. All these sources are formulated, tested and developed for the healthcare products. The regulation is implemented by the FDA. The substances found in specific products are considered as the successful solution for the wellbeing.

These products are checked in the rundown of option drugs for the wellbeing. These products also claim to treat and keep a few noteworthy illnesses too. They are remarkable for giving a few restorative points of interest for the long haul wellbeing. The wide range of such medicinal products is accessible in the business sector today, in this way help restorative field in treating individuals with the assistance of common sources.

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Understanding An Use Case Diagram And Common Business Analyst Interview Questions

When going for an interview after applying for a business analyst job you will be required to answer a couple of common business analyst interview questions. One of those business analyst interview questions might be to explain what is meant by logical data model. Your should answer shortly and quickly by explaining that a data motel is capable of telling and showing details about specific data that is physically stored in a database. Another interview question might have you explaining what a high level or low level use case diagram is. A high level use case diagram is a broad view of any business process. By dividing a high level use case into several sub use cases then we get what is referred to as a low level use care.

Another common business analyst interview question is what you know about SDD. This question should be answered very simply by saying that SDD stands for system design document and it is just a middle step dividing business users and developers. It allows developers to understand the business requirements. You may be asked how you make use case diagrams. You should reply by saying that you make use case diagrams by using MS Visio and Rational Rose.

One of your business analyst interview questions may ask you to define the different types of diagrams that are used by business analysts. There are a number of diagrams used by business analysts including entity relationship diagram, data flow diagram, class diagram, activity diagram, state chart diagram, collaboration diagram, component diagrams, use case diagram, and deployment diagrams. Another business analyst interview question may ask you to define the three different types of diagrams used most often by all business analysts. The three are use case, activity, and sequence diagrams.

What is a sequence diagram? A sequence diagram is used to tell an objects interactions with one another being arranged in a timed sequence. A sequence diagram is often used by developers and tests as it allows them to understand the system better.

What is an activity diagram? Most of the time, activity diagrams are normally only used in the early stage of analysis and designing level. An activity diagram is often used to provide the details about each individual component.

What is a use case diagram? A use case diagram is a diagram which is used to explain and entire business environment. The use case diagram shows a number of relations events or actions that are perform by a single actor.

You may be asked a number of other business analyst interview questions as well such as what is a winrunner used for. A winrunner is used for regression testing. What is a load runner used for? A load runner is used for testing the performance of your business. One of your business analyst interview questions might require you to explain the different between BRD and FRD. In this situation, you should say that a BRD described what is needed for the product and the FRD described the BRD in full details.

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Choosing An Erp System For Freight Forwarding And Logistics Business

The complex nature of the shipping and logistics industry combined with the fierce competition that exists in this sector brings unique challenges to the small and medium-sized operators. This makes it imperative that freight forwarding firms, non-vessel operating common carriers (NVOCCs), custom house agents, international freight brokers, shipping agents and cargo agents streamline their multifarious business operations to remain competitive. Deploying the right ERP system dedicated to logistics and freight forwarding can help firms efficiently realign and scale up their activities whilst being adaptable to the rapidly changing regulatory environment.

Whilst an ERP framework can go a long way in helping you integrate diverse business and operational functions, choosing an ideal freight forwarding software that allows you to manage, access, and share information coming from and going into various departments is not easy. Before planning and deploying an ERP system, it is important that businesses analyse their potential keeping the following factors in mind:-

Integration of all operational and accounting elements within a single platform

The most important factor to consider is the degree of integration your ERP allows. For instance, a small and medium-sized freight forwarding agent who uses different applications to manage functions, including freight management, customs brokerage, documentation, container tracking, shipment tracking and compliance services would benefit more if all the applications are integrated into a single master application based on Tally ERP 9 platform. This customised Tally solution makes the operation more efficient, cost effective and provides the owner with real-time visibility of in-bound/out-bound shipments and their corresponding payables/receivables.

Avoiding duplication due to centralization of multi-branch tasks

The second parameter to consider is to what extent the ERP system allows the centralization of key multi-branch tasks. Consider each branch of a multi-location shipping agency using a separate business accounting application. This will result in disconnected pools of data independent to each other causing unnecessary delay, disruption and data re-keying whereas the business owner needs real-time business and operations data monitoring. On the other hand, if the same agency decides to partner with a Tally services provider and deploy a centralized software application, it has a greater predictability of its operations. Since this scenario allows the master application to read, write and edit data to and fro from each of the branch offices, it helps business owners track shipment-wise payment, performance, profitability and outstanding details.

Enhanced financial control and greater visibility

The ERP system that you choose to implement should provide a greater financial control by cross-integrating data from operational tasks and data from actual transactions. The system should allow the owner to calculate the expected profit per shipment and then compare it to the shipment’s actual cost and profit (using the data from transactions, receivables, payables and brokerage expenses). This helps the owner to track each jobs profitability which in turn can help them to focus on future shipments/jobs that have a greater profitability ratio.

Quick information access, report generation, and data archiving

Information reporting, data archiving and data storage are all important aspects of the logistics and shipping business. The ERP system should be able to generate and archive reports, including balance sheets, shipping-related MIS reports, packing lists, purchase orders and multiple invoices for different chain partners and quotations. Furthermore, cargo documents, including Cargo Arrival Advice (CAA), Cargo Arrival Notice (CAN), Delivery Order (DO) and House Bill of Lading (HBL) should be directly generated from the application. This helps business owners not only to retrieve but send these documents directly from the system to the logistical chain partners.

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Business Coach Nj Boost Your Business Profits!

Selecting right business coach NJ can help you to boost business profits by gaining good guidance.

Do you want to increase your business profitability? Are you planning to expand your business? Business coaching services can be of great use for you in such scenario where you can learn the way to expand your business and enhance profit margin. If you residing in NJ, then hire business coach NJ that can help you with your business plan. Business coaching services should be such that it should not obstruct in your day to day business life. Select coach that is cost effective and can assist you in forming smooth business functioning system.

Following are few points you should consider while selecting business coach NJ:

Learn some details about coaching facilitators.
You need to count experience of coach in order to gain better services.
Inquire about their area of expertise and select services accordingly.
Coach that is well qualified can definitely offer you with better services and guidance as compared to not so qualified coach.
It is important to inquire about the type of coaching they are willing to provide.

If you consider the above mentioned factors then it can become easy to select particular type of coach for your business. Growth in business can be gained when you are on right path. Many people have myth that selecting business coach means doubting on your own capabilities. If you have that myth then just eliminate this though process because selecting coach is gaining guidance and not doubting on your own capabilities. Business coach NJ you select will guide you can show you the right path which can promote your talent successfully.

Following are some of the ways to find right business coach for your business:

Going online is the desirable option to find business coach that can meet your business requirements.
Inquire about the expertise of coach and selecting it accordingly.
You can find the coach by inquiring about their work experience and the clients that are satisfied with their guidance.
Inquire about market reputation of coach and personal services they offer.
Look for the coach that can offer you with guidance via telephonic conversation and also via personal meeting.
Ensure that program they plan for your business is ethical.
They should be trustworthy enough and should not leak out your business secrets.

Business coach NJ can be many in number but you should select the one that is expert in your business field. Gain proper guidance form such coach and boost your business profits.

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Smart Features Of Business Broadband

As broadband speaks to the measure of data that could be exchanged through a rapid internet connection, business internet broadband with higher data transmission empowers get to and exchange of considerably more data and data, an extremely urgent element in today’s period of corporate rivalry. The criticalness of internet broadband for businesses can’t be undermined. With mechanically exceptional online apparatuses, the long haul business objectives and systems best suited for development and extension might be dead set.

The three most important features that make business broadband so mainstream are:

Connection Speed: Business internet broadband associations are generally high velocity associations as contrasted with a standard dial up association. Furthermore, diverse speed extents with changing expense alternatives are accessible, permitting the client to exchange no less than twenty times more data at any given time. Such a speed is exceptionally successful for a business in the accompanying ways:

Larger file transfer in matter of seconds

Cost powerful as enormous documents could be sent over the net as opposed to being couriered or faxed

Security issues took care of with quick upgrades and programming redesigns

Fast transfer of immense film documents, pictures and representation

Virtual gathering progressively conceivable.

Enables sound and feature conferencing, therefore decreasing phone costs

Installation of online security Cameras.

Round the Clock Connectivity: A broadband connection permits fast network to the net at whatever point the workstation or computer is exchanged on. Dissimilar to the dial up connection, this peculiarity encourages the business by staying constantly connection with the customers. With round the clock network, the internet serves as an included to a great degree huge estimated hard drive with endless data storage.

Business internet broadband arrangements are generally chargeable at a settled rate for boundless utilization, henceforth business clients can profit without bringing about additional expenses for included data utilization. Likewise, steady connection guarantees continuous data stream alongside:

Elimination of postponement in accepting and answering to critical business messages

Permanent round the clock integration to all the workplace extensions. Change in any office setup might be upgraded immediately

Remote servers guarantee safe data storage and get to whenever and from anyplace, be it office, home or amid travel

Use of internet for ease or free voice calls

Serves as a Standalone Connection: Business internet broadband requires

Establishment of a modem much the same as a standard dial up connection, the main contrast having the capacity to make calls all the while as utilizing the internet. A handier focal point is the profit of identifying with clients while taking them through the website pages for particular data they need. Additionally, it spares expense of additional phone line introduced for internet connection. The business broadband connection likewise allows the utilization of more than one machine for the single connection line.

For more information about Business Landline and Business Phone Line also please visit us.

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