Terms and Condition
1.0 Services provided by ProspectBoss.com
1.1
Software Services. ProspectBoss.com. will provide a customer relationship
management software program to the Company called ProspectBoss.com CRM.
ProspectBoss.com. will make continuous improvements and changes to the
ProspectBoss.com CRM. The Company will receive free software updates.
1.2
Telephony Service. ProspectBoss.com. will provide the Company access and
use of the ProspectBoss.com Dialer. The ProspectBoss.com Dialer enables the
Company to do a variety of dialing methods including Automated, Power, and Predictive
dialing. ProspectBoss.com. will maintain and manage the dialing servers at
ProspectBoss.com’s secure location.
1.3
Technical Support. ProspectBoss.com. will provide technical support to any of
the Company’s employees. Technical support hours are available from 8:00 AM to 5:00
PM EST Monday through Friday.
2.0 Company Responsibilities and Requirements
2.1
Types of Computers. ProspectBoss.com CRM software is designed to work on
at least a 2GB of RAM and a Dual Core Processor on either a Windows or Mac
computer.
2.2
Telephone Lines. The Company will need to provide a telephone line and service
to use for each connection to the ProspectBoss.com Dialer. The Company will use the
line to dial into our ProspectBoss.com Dialer.
2.3
High Speed Internet Service. The Company will need to provide high-speed
Internet service (DSL, Cable, or T1) to each computer using the ProspectBoss.com
CRM.
2.5
Caller ID. The Company will need to provide a toll free 800 number or other valid
telephone number to be used as caller id when using the ProspectBoss.com Dialer.
This caller id will be displayed while the user is making calls with ProspectBoss.com
Dialer. ProspectBoss.com is not responsible for any ID spoofing used with our Power
Dialer.
2.6
Telemarketing Regulations. The Company assumes all liability & responsibility
for operating our Products per any federal, state, or local laws pertaining to the use of
Automatic, Power, or Predictive Dialers. The Company is aware that limitations may
include commercial solicitations and/or delivering pre-recorded telephonic messages to
homes and businesses without the prior express consent of the called party. A violation
of any such laws may result in significant penalties and other sanctions. Any Company
intending to use this product for solicitation purposes (direct marketing, telemarketing,
etc.) should consult with their own counsel, prior to using these services, to determine
the extent of permissible solicitation activities. Company agrees to use this product in
accordance with all legal requirements. ProspectBoss.com. will not be responsible for
any illegal use of its services. Company will INDEMNIFY, DEFEND, AND HOLD
ProspectBoss.com. harmless from and against any liabilities, claims, complaints, cost
(including attorney fees) and expenses arising out of the Company’s use of the system
or software. In addition, Company is responsible for all insurance, tax, and license
requirements. Company will hold ProspectBoss.com. harmless from any litigation or
claims against Company for any reason whatsoever.
3.0 Fees
3.1
Monthly Service. ProspectBoss.com. will charge the Company applicable
monthly service fees based upon the attached completed Order Form. By completing
the information on the Order Form, the Company authorizes such fees to be charged to
the Company’s credit card. Requested changes to the Order Form will be subject to
approval by ProspectBoss.com. Changes to the Order Form may result in an increase or
decrease in fees. All products are automatically enrolled as a subscription unless
specifically purchasing a pay as you go product or stated otherwise.
3.2
Payment Method. As set forth in the Order Form, ProspectBoss.com. will charge
the Company the monthly service fee via the method set forth in the Order Form.
Monthly service fees are due in advance. To provide continuous use of our services,
ProspectBoss.com. will automatically charge the Company the monthly service fee on
the Company anniversary start date. If for any reason, ProspectBoss.com. is unable to
process the payment, ProspectBoss.com. will provide notice to the Company and, if not
cured with five (5) days, may, in addition to any other available remedies for breach,
suspend the services and use of software to the Company until the payment has been
made. Refunds will not be issued for monthly service fees.
3.4
Fees Subject to Change. The Fees set forth in the attached Order Form are
subject to change. All Order Forms will be honored at the contract price for the term of
the Agreement subject to any revised (increased) fees resulting from approved changes
to the Order Form and/or profile requested by the Company. However, any Order Form
renewals will automatically be at the new rates. ProspectBoss.com. will notify the
Company of any applicable rate changes at least sixty (60) days prior to the renewal
date.
3.5
Nonpayment. In the event of non-payment, ProspectBoss.com. reserves the
right to suspend or terminate the account until such charges are paid. It may also
charge interest on balances unpaid for more than thirty (30) days, in which case interest
charges will accrue from the last day of the statement period with respect to any unpaid
invoice. If non-payment is not cured within thirty (30) days of notice of non-payment,
ProspectBoss.com. may terminate this Agreement for material breach.
4.0 Cancellation
4.1 Cancellations. You can cancel your Subscription at anytime. Please note that you
must cancel your Subscription before it renews for a subsequent month to avoid being
charged for the next month’s subscription fee. If you cancel your Subscription, the
cancellation will become effective at the end of the then-current monthly Subscription
period. All cancellations must be submitted in writing to
accounting@prospectboss.com, through your dialer account, or through your billing
portal.
4.2 Pricing. Should a customer cancel a product then choose to purchase the same
product at a later date, the customer is subject to the current rate of said product on
date of purchase.
4.3 Refunds. Only the PowerDialer CRM product is eligible for refund, and only during
the specified timeframe. ProspectBoss.com will provide a refund if a cancellation has
been provided within 48 hours (including weekends and holidays) of your order or
renewal date. All other Subscriptions and Pay as You Go products including,
SalesDataList, RinglessMessages, VoiceBlast, Mobile Data, FSBO’s and Expired, and
AgentCircleProspecting are non-refundable and non-transferrable.
4.4 Transfers. Funds for one product cannot be used for a different product, i.e. you
cannot use the $109 you paid for the PowerDialer CRM towards a SalesDataList
subscription. Also, funds cannot be transferred between accounts. For example, funds
from one VoiceBlast account cannot be tranferred to a different customer or account.
5.0 Term
The Term of this Agreement is for the number of months specified in the Order Form. If
months are not specified, the term of this Agreement is on a month-to-month basis.
6.0 Indemnification
The Company agrees to pay any damages or expenses incurred by ProspectBoss.com.,
including attorneys’ fees and expenses, resulting from claims brought by other parties
regarding the use of ProspectBoss.com. services or because of a breach of these
Terms and Conditions. This provision shall survive the Term of this Agreement.
7.0 Limitation of Liability
IN NO EVENT WILL ProspectBoss.com. OR ITS AGENTS BE LIABLE FOR ANY DAMAGES
CAUSED BY USE OF OUR SERVICES, TRANSMISSION, COMMUNICATIONS, OR
COMPUTER SYSTEM FAILURE. IN NO EVENT WILL ProspectBoss.com. OR ITS AGENTS
BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITES OR DATA
OR THE COST OF OTHER SERVICES.
8.0 Miscellaneous
The Company and ProspectBoss.com. are independent contractors, and no agency,
partnership, joint venture, employee-employer, or franchiser-franchisee relationship is
intended or created by this Agreement. These Terms and Conditions shall be governed
and interpreted per the laws of the State of New Hampshire. If any provision of this
Agreement shall be declared void or unenforceable by any judicial or administrative
authority, the validity of any other provisions and of the entire Agreement shall not be
affected thereby. The Terms and Conditions of this Agreement may not be amended
without the affirmative prior written consent of both parties. No waiver of any default in
performance of this Agreement by either party, or waiver of any breach or a series of
breaches of any of the terms, covenants or conditions of this Agreement shall
constitute a waiver of any subsequent breach or a waiver of such terms, covenants, or
conditions. Headings herein are for convenience of reference only and shall not be
considered in any interpretation of this Agreement. These Terms and Conditions and
the Order Form describe the entire Agreement between ProspectBoss.com. and the
Company and supersede any other verbal or written agreements regarding the subject
matter of this Agreement. This Agreement shall survive any change in the ownership of
the Company.