By submitting any Order Forms, the person or entity (“the Company”) named in the Order Form agrees to the following Terms and Conditions. These Terms and Conditions, together with the attached Order Form, comprise the entire agreement (“Agreement”) between the Company and ProspectBoss.com., Inc. (“ProspectBoss.com.”).
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 Dialers. 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 unless otherwise stated.
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 any time. 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 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.
4.3 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.
