Terms and Conditions

This contract for services is made effective for all purposes and in all respects as of this day %%date::Yes::Date%%, by and between Insurance Telemarketer, (hereinafter known as “Company” and %-companyname::company_name-% with the Tax Identification# %%text::Yes::Tax ID%% / Social Security# %%text::Yes::Social Security%% / EIN# %%text::Yes::EIN%% (hereinafter known as “Client”) who shall collectively by known herein as the “Parties”.
WHEREAS, Company is engaged in the business of providing services which includes but is not limited to making outbound calls on the direction of the client and answering inbound calls to companies for the purpose of generating clients and business profits;
WHEREAS, Company wishes to engage Client and Client wishes to accept such engagement on the terms and under the conditions recited below;
WHEREAS, Company is a S Corporation, domiciled in California whose agent of process is Insurance Telemarketer located at 120 Newport Center Drive, Newport Beach CA 92660
WHEREAS, Client is a %%dropdown::Yes::Entity::LLC,INC,Non Profit,Sole Proprietorship%% ., domiciled in %%dropdown::Yes::State::AL,AK,AZ,AR,AS,CA,CO,CT,DE,DC,FL,GA,HI,ID,IL,IN,IA,KS,KY,LA,ME,MD,MA,MI,MN,MS,MO,MT,NE,NV,NH,NJ,NM,NY,NC,ND,OH,OK,OR,PA,RI,SC,SD,TN,TX,UT,VT,VA,WA,WV,WI,WA%% whose agent of process is: %-companyname::company_name-% Located in: %-street::street-% %-city::city-% %-state::state-% %-zipcode::zip_code-%
The premises having been considered and with acknowledgment of the mutual promises and of other good and valuable consideration herein contained, the Parties, intending to legally bound, hereby agree as follows:
A. Client. Subject to the terms and conditions of the Agreement, Client hereby engages Company to perform the services set forth herein, and the Client hereby accepts such engagement. This agreement shall not render the Client an employee, partner, agent of, or joint venture with or for the Company for any purposes.
B. Capacity of Engagement. The duties to be performed by Client for Company are generally described as follows: Make routine and prompt payment in U.S. Dollars for all services rendered by Company.
C. Terms of Agreement terminable by either party at will. Client shall engage Company in the capacity set forth above commencing with the first date set above and continuing for an undetermined length until either Party Shall give proper notice (as defined in this contract) of termination of this service agreement to the other, pending this contractual commitment term has been fulfilled.
1. Contract Period. There shall be no fixed date for termination of this services agreement, and it shall continue indefinitely until either Party gives proper notice to the other as required in the paragraph. Each party explicitly recognizes that cause in not required for termination of the agreement upon proper notice. For termination to be accepted, the Client must give written notification to billing@insurancetelemarketer.com 10 days prior to the next due date as denoted on the invoice. All dates on invoices are final and cannot be changed. Client must have completed the commitment term in order to be eligible for cancellation. Accounts cannot be put on hold or suspended unless at the approval of Insurance Telemarketer team.
2. Notice Period. Any Party Wishing to give notice of termination of this Agreement shall give written notice only through email to billing@insurancetelemarketer.com. Your contract has a one cycle minimum. Cycle is defined as %-serviceagreementinmonths::mdf_180-%. Notice must be submitted in writing and received no less than 10 business days prior to the next billing cycle. Billing cycle end date can be found by emailing billing@insurancetelemarketer.com and/or requesting master hours spreadsheet emailed biweekly and/or checking back end of system. Your contract will automatically renew if it is not canceled and proceed to continue for an additional cycle. The notice period does not commence until actually received by the other party. Should state or federal law require a longer notice period so required under the law shall be applicable to this contract, the longer notice period so required under the law shall be applicable to this contract.
3. Method of ALL notices except termination for cause. All notices required under this contract except termination for cause, shall be given in writing delivered by certified mail of the U.S. Postal Service, or e-mail billing@insurancetelemarketer.com..
4. Notice to Company. All mail notices under this contract to be given to the Company shall be communicated to the following department: Billing Department at the stated address: Insurance Telemarketer 120 Newport Center Drive, Newport Beach CA 92660. Company may amend this subparagraph through written notice to the Client.
5. Notice to Client. All notices under this contract shall be given to the Client as follows: Their Agent of Process at address %-street::street-% %-city::city-% %-state::state-% %-zipcode::zip_code-% Client may amend this subparagraph through written notice to the Company.
D. Company’s Obligation. The parties’ agreement relative to Company’s obligations is stated as follows: Company agrees to provide Client with services which includes but is not limited to assigning an outbound caller to make calls on behalf of Client’s services and products and or answer incoming calls behalf of the Client.
E. Client Obligations. The Parties agreement relative to Client’s obligations is stated as follows: Client agrees to provide compensation to Company for services which includes but is not limited outbound calling and answering inbound calls on behalf of the Client at the rate of $%-totalmontlyrate::mdf_204-% per month for a %-parttimeorfulltimeemployees::mdf_200-% representative per billing month %-hoursperdayworked::mdf_196-% hours per day 5 days per week for %-serviceagreementindays::mdf_199-% (%-totalhourspermonth::mdf_202-% hours) with back end access to track logged hours. Client will not attempt to circumvent the terms of this agreement. Payments will be charged to card on file on or before every 20th business day interval per cycle. After first billing cycle, Client will automatically be enrolled into an additional cycle with company. Payments are non-refundable.
Force Majeure.
Client is aware of and is amenable to using Company’s services regardless of the location of the facilities. As a result of Client using Company’s acknowledges neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to Acts of God and natural disasters (earthquakes, hurricanes, floods, storms), government restrictions including the denial or cancelation of any export of other necessary license, embargos, ware, insurrections, performance failures outside of the control of the contracting parties (disruptions in telephone service and or internet services attributable to the telephone company or Internet company or labor actions), sewer failures, software/computer glitches or failures, licensor labor disputes and/or any other cause beyond the reasonable control of the party whose performance is affected.
F. Compliance with State and Federal Law. Client agrees to comply with all state and local registering and bonding requirements and adheres to the federal telemarketing act. This act protects a donor base of people who do not wish to be called and also establishes specific calling hours. Company accepts no liability for noncompliance with do not call lists. Client also agrees to comply with all TCPA rules and regulations and notify Company of TCPA regulations needed to be followed in writing based on the list approved and or provided by the Client.
G. Termination of Agreement. At any time if this agreement is terminated by either or both parties, with or without cause, Client agrees to pay Company all monies owed for services rendered up to the final date of service as determined by company. Due to the nature of business, company provides no refunds. Once Company receives payment (deposits included) from Client, no refunds will be allotted to the Client and contract status is active. Company must receive and acknowledge receipt of cancellation no less than %-daystocancel::mdf_194-% days prior to the due date. Due dates can be discovered and confirmed by emailing billing@insurancetelemarketer.com and/or requesting master hours’ spreadsheet emailed biweekly and/or checking back end of system. If no notification is received by Company, Client agrees to continuing contract for the next billing cycle period. Account payment will be reconciled on or before every 20 business days as there are 1 payment due per cycle. Cancellation must be sent to billing@insurancetelemarketer.com only. Notification sent to any other email address will not be considered. Client agrees to pay for services if such notice in not received in the agreed upon time frame, please be advised you will be charged 1 time per cycle. Payments are charged every 20 business days within each cycle. Client commits to a 20 business day contract with payments made on or before every 20 business day per cycle.
H. Attorney’s Fees and out of pocket costs. Should either party materially breach this agreement, the non-breaching shall be indemnified by the breaching party for its reasonable attorney’s fees and out of pocket costs which in any way relate to or were precipitated by, the breach of this agreement. Under this paragraph, “out of pocket” costs shall not include loss profits.
I. Binding Effect: Assignment. This Agreement shall be binding up on and insure to the benefit of all Parties hereto, their heirs, executors, administrators, permitted assigns, or successors in interest; provided, however that Client may not assign any of its rights or obligations hereunder without the prior consent or Company. Any such attempted assignment or transfer without such written consent shall be void ab initio.
J. Integration. This Agreement sets forth the entire agreement between the Parties with regard to the subject matter hereof. All prior agreements, and covenants express or implied, oral or written, with respect to the subject matter hereof, are hereby superseded by this Agreement. This is an integrated Agreement. Should the language of the contract conflict with any Company’s manuals or memoranda, the language of the contract shall control unless the external document specifically states that is shall act as a modification and the Client consent to this modification.
K. Severability. In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of the Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
L. Modification. Except as otherwise provided in this document, the agreement may be modified, superseded, or voided only upon the written and signed agreement of the Parties. Further, the physical destruction or loss of this document shall not be construed as a modification or termination of the agreement contained herein.
M. Headings. All section titles or headings contained herein are for the reference purposes only, are not a part of this Agreement and shall have no substantive meaning.
N. Waiver. No waiver by any Party to this Agreement of any breach or default of any of the terms or provisions hereof shall be effective or binding upon such Party unless in writing and signed by the Party. No delay or omission by an Party hereto to exercise any rights under this Agreement shall impair any such right or power or shall be construed, taken or held to be waiver of any other default or waiver, acquiescence in, or consent to , any further or succeeding default or the same nature.
O. Effect of Wavier of Breach. The waiver by the Company of a breach of any of the provisions of this agreement by the Client shall not operate or be construed as a waiver of any subsequent breach by the Client.
P. Construction. The language in all parts of this Agreement shall be construed according to its normal and usual meaning, and not strictly for or against any Party. This Agreement is the produce of good faith negotiation and shall not be construed as having been drafted by either party.
Q. Acknowledgements. Each party acknowledges that he, she or his/her agents have had an adequate opportunity to read and study this Agreement, to consider it, to consult with attorneys if he, she his/her agents desired.
R. Exclusive Jurisdiction for Suit in Case of Breach. The Parties by entering into this agreement submit to jurisdiction in county of Orange, California for adjudication of any disputes and/or claims between the parties under this agreement. Furthermore, the parties herby agree that the courts of county of Orange, California shall have exclusive jurisdiction over any disputes between the parties relative to this agreement, whether the dispute sound in contract, tor, or other areas of the law.
S. All data and scripts are property of the Client and will not be shared with any other clients working with Insurance Telemarketer.
T. Client shall not solicit or attempt to induce any Company employee domestic or foreign to perform services outside the scope of this Agreement during the term of this Agreement and for a period of one-year following the termination or expiration of this Agreement. Client will have direct communication with an account manager that will oversee Client’s account and no direct contact with employee(s) working on Client’s behalf. This allows the Company to have one point of communication with employee(s) for training, accountability for performance and knowledge.
U. Client may request to replace employee for unsatisfactory performance or event, however, company has sole discretion to replace employee based upon company’s due diligence regarding employee’s performance and personnel history. Company reserves the right to decline request to replace employee if due diligence shows that employee is performing at satisfactory levels dependent upon factors related to account performance as determined by company.
V. All candidates are employees of Insurance Telemarketer and or third-party vendors. Insurance Telemarketer assigns the dedicated telemarketer to your account.
W. Client does not have authority to send employee home early for any reason. Any concern for early dismissal must be sent in writing to account representative for approval. Client cannot change employee hours without request in writing to account representative for approval.
X. Definition of an appointment: Direct communication with a decision maker, purpose of call is understood, a confirmed date and time to which the prospect agrees for the appointment. This agreement is for billable hours worked.
Y. Company collects first month’s payment at the time of submission of agreement. The first month’s payment will be used for the first month of service. Service begins once the Client has finished the setup process and the employee(s) have been trained and assigned to an account to start. Company pays for all fees associated with recruitment and training and therefore collects full first month’s payment in advance prior to start of service.
Z. Declined payments will incur an additional fee at the discretion of the company up to $25 per transaction. Company provides 3 day grace period for any declined transactions in order to provide Client ample time to provide new payment information. Note that payment information request is sent by billing to the client within 24 hours of a declined transaction. Any payments reconciled after 3 business days will incur late payment fees up to $50 per day at the discretion of the company.
AA. Account must start within 90 days of contract submission. Please note after 90 days the account will start and invoices will be reconciled accordingly. IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, Company and Independent Client affix their signature hereto. The undersigned agrees to act as a personal guarantor for all debts incurred both now and in the future by the company, organization, persons, or corporations who have signed this business contract. Guarantor recognizes, understands and agrees that this guarantee cannot be revoked, or rescinded, or discharged in any case under Title 11 or 7 of the United States code, if any principal balance remains outstanding. In addition, the undersigned submits his/herself if under the personal jurisdiction in the city, county, and State that Insurance Telemarketer conducts business.

Personal Guarantor

By: %-firstname::first_name-% %-lastname::last_name-%

Birthdate: %%date::Yes::Dateofbirth%%

Title: %-title::title-%

Signature: %%signature%%

Date: %%date::Yes::Date%%

Payment Authorization Form

Please sign and complete this form to authorize Insurance Telemarketer to debit your credit card. Please note that payment is due on or before every 20 business days. In the instance of cancelation, we must be notified in writing to billing@insurancetelemarketer.com %-daystocancel::mdf_194-% days prior to your due date. This agreement has a (one cycle) %-serviceagreementinmonths::mdf_180-% minimum commitment. If such notice is not received in the agreed upon time frame, please be advised you will be charged according to the terms of the agreement as your agreement will renew for an additional cycle. By signing this form, you give us permission to debit your account for the amount indicated on or after the indicated date. Signing the is form is permission for transactions between your business and Insurance Telemarketer and does not provide authorization for any additional unrelated debits or credits to your account.

I %-firstname::first_name-% %-lastname::last_name-% authorize Insurance Telemarketer to charge my account.

Billing address: %%text::Yes::AddressOnCreditCard%%

Phone #: %-phone::home_number-%

Email: %-email::email-%