The Customer represents the entity doing business with Outbounders.com;
This Agreement is made and entered into
by and between:
hereafter referred to as
NOW, THE PARTIES AGREE:
1. SERVICE DESCRIPTION
Outbounders.com is a marketplace for outbound telemarketing agents to connect with clients from all over the world. Outbounders does not guarantee the performance or conduct of any staff hired through Outbounders.com , technology is provided for close management and oversight by the client.
2. BUSINESS CONDUCT
Both parties shall conduct its business and regulate its operations in a way that will maintain and increase the goodwill and reputation of all. Any violation in this regard, may constitute a ground for termination of this Agreement.
The Customer and Outbounders.com, their employees or any other person acting in their behalf, shall not in any way disclose to any person, or to use for its benefit, any information obtained in the course of or in connection with the performance of the services herein, unless specifically authorized by parties concerned. This includes technology, methodologies and training proprietary to Outbounders.com.
This obligation of confidentiality shall survive the termination of this Agreement.
Both parties agree not to hire or attempt to hire any of their respective Employees and their successors for a period of three years from the date of this Agreement. Outbounders reserves the right to monitor all communications for quality assurance purposes.
A $5,000 penalty is owed immediately upon any attempt to solicit, pay or contract directly with any contractor outside of Outbounders.com for a period of 36 months after last date of work. Any and all legal fees associated with collecting penalties shall be added.
Customer may opt to hire an employee directly outside of Outbounders.com services by paying a one time fee of $2,500 per employee to hire direct. Customer MUST request an agent buy-out prior to working directly.
Each party warrants it has no conflict of interest with the other party or the clients of the other party.
5. NO BINDING CLAUSE
The Customer shall have no authority to bind Outbounders.com by any promise or representation unless specifically authorized in writing by Outbounders.com in any particular transaction.
Each party shall indemnify and hold harmless the other, its officers, directors, employees and agents, against and from any liability, loss, damage, cost and/or expense (including attorney’s fees and costs of litigation) arising out of or in connection with any claim or action which any person or entity (other than the other party) may file or threaten to file against a Party to this Agreement or its officers, directors, employees or agents relating to the acts of omissions of the concerned Party under this Agreement or the provision of the Service. The indemnification provided herein shall survive the termination of this Agreement and the termination of any Service provided under this Agreement provided that due demand was made on the erring/defaulting party. Notwithstanding any other provision of this Agreement, the officers, directors, employees and agents of either Party shall have no liability to the other, or any affiliate or customer, under this Agreement or in connection with the Service to be provided hereunder.
The Customer understands Outbounders.com is not liable for any of the activities associated with Outbounders contractor. Nor is Outbounders.com responsible for any call violations or any other legal compliance requirements in any country. Ensuring compliance of any kind is the sole responsibility of the customer.
7. TERMINATION OF BUSINESS
The Customer may terminate a contract at any time with no prior notice. Outbounders.com reserves the right to block access or refuse service to any customer for any reason, at any time. Specifically: customers with overdue balances, low feedback ratings or repeat complaints by contractors.
8. TERMINATION OF AGREEMENT
This Agreement shall become effective upon signing by the parties and shall remain in full force until such time this agreement is terminated by either party for whatever cause. The Customer may simply terminate all active contracts to deactivate this agreement.
Further, both parties at any time may terminate unilaterally this Agreement in case either one’s failure to comply with any of its undertaking herein or with any of the material condition of this Agreement. All accrued monetary obligations of the parties under this proposed Agreement as of the date of termination shall be due immediately.
All notices permitted or required by this Agreement will be sent electronically, by either party to the other at their respective email addresses. Should there be change in the business address; both parties mutually agree to notify each other at the soonest possible time, to avoid unnecessarily delay in the conduct of business.
10. SEPARABILITY CLAUSE
If any one or more of the provisions contained in this Agreement or any document executed in connection herewith shall be invalid, illegal or unenforceable, the remaining provisions contained herein shall not in any way be affected or impaired.
This Agreement governs the independent relationship between Outbounders.com and The Customer. Nothing herein shall be constructed to create between the parties any relationship other than that expressly stipulated. This Agreement shall be binding upon and inure to the benefits of the parties and their respective successors and assigns. The Customer may not, however, assign or transfer its right hereunder, without the prior written consent of Outbounders.com.
12. FORCE MAJEURE
Neither party shall be liable for the delay or failure of performance caused by force majeure such as fire, explosion, accident, strike or other similar acts of God. This Agreement shall be suspended and shall resume when force majeure have ceased.
Any dispute among parties shall be settled amicably. Otherwise, this shall be settled in accordance with the rules and procedures of the American Arbitration Association or its successor organization, and judgment shall be rendered by the court having jurisdiction thereof. The award shall be binding for both parties and shall have Las Vegas, Nevada as place of proceeding.
14. Agents Payment
-Once hours are paid out to staff they are non-refundable.
It is the responsibility of client to review and contest any payroll hours before they are paid out to staff.
If there is evidence of hours being unjustified, we can deduct against future staff pay and seek to reimburse client
This is only possible if staff continue to work through OB system.
If staff logs 10 hours of work time, but client never even said they could start. The client can contest this pay before hours are paid out to staff. If client doesn't contest the hours and we make a payment to staff for 10 hours worked, the client is no longer guaranteed any reimbursement for that time. However if the staff continues to work through OB system we can deduct the next 10 hours from staff and NOT bill client for that additional time. In this way its possible to reimburse client.
DO NOT CALL COMPLIANCE
The customer is responsible for any and all fines or legal fees associated with violating do not call list policies set forth by the National DNC (in the United States) or home country where you're calling.
Note as of this writing: do not call compliance requirements apply ONLY to businesses calling consumers. Business calling other business are NOT regulated by the DNC compliance requirements. But should that policy change - it is the customer's responsibility to know which numbers are acceptable for calling.
If you are calling consumers, you may check latest compliance requirements at the DNC web site here: http://business.ftc.gov/documents/bus27-complying-telemarketing-sales-rule
To “scrub” your list of DNC numbers please visit: http://www.dnc.com/solutions/dncscrub/
Some mobile devices in some states may only be called manually.
For more info on the National DNC list, please visit: http://www.dnc.com or http://business.ftc.gov/documents/bus27-complying-telemarketing-sales-rule
Outbounders.com does NOT assume any liability for the calls being made. The customer agrees that any and all liabilities, fees, charges, damages and penalties incurred through outbound calling are their sole responsibility and that any recourse must be pursued directly with their contractor.