Business
Terms and Conditions of Service
PRODUCTS
AND SERVICES OFFERED: Bill to Credit Card 800 Number & Bill
To Phone 900 Number
Now therefore,
it is hereby agreed as follows:
FutureQuest Marketing, Inc. is a telecommunications company offering
individuals and companies with little to no computer programming
experience the opportunity to market a variety of products and services
via 800 & 900 pay per call telephone lines in exchange for a
Payout percentage of every minute.
FutureQuest Marketing makes use of it's revenue producing programs,
and completes all necessary programming, maintenance and hosting
of client's 900 line/s, 800, 888 line/s and website/s. FutureQuest
Marketing charges its clients a one-time setup fee for Custom 900
number programming and website development services, that will enable
the client to take advantage of the desired program, without requiring
the client to have any computer programming experience.
1. Setup Time
Upon receipt of Client’s Order Form with payment, FutureQuest
Marketing will complete all programming within 3-10 business days
depending on the pay per call package selected, and will subsequently
forward to Client Notification of 900/800 Line activation, which
will include all necessary information for Client to begin marketing
their telephone lines and/or website/s. The setup confirmation will
be sent to Client via email and regular postal mail unless instructed
otherwise.
2 . Image Rights
The Client is expressly denied the right to embody or use any of
FutureQuest Marketing’s trade name(s), trade address, logo(s),
service mark, or likeness in any manner without the written consent
of FutureQuest Marketing, Inc.
3. Privacy
Policy
FutureQuest Marketing, Inc will not sell or rent any of your personally
identifiable information to third parties. FutureQuest Marketing,
Inc will not share any of your personally identifiable information
with third parties for any reason except under court order.
4. Notification Disclosures
Any notice required under this Agreement shall be in writing and
shall be effective as of the date received. Such notice may also
be delivered by certified mail, facsimile, or by hand to the party
entitled to receive such notice at the address contained in this
agreement or such other address as the parties may designate. Any
unresolved disputes between the parties shall be litigated in the
courts of the State of Florida, County of Palm Beach. The losing
party to any dispute so litigated shall pay to the other party it’s
attorney fees and costs incurred in connection therewith.
5. Product and Service Liability and Licensing Requirements
The Client, will forever be held free of any and all liability stemming
from customer complaints, product liability, service liability,
or any other claim made by customers that have purchased products
and/or services from the Client’s 900 line/s, and web sites.
There is no license required to participate in any of FutureQuest
Marketing programs.
6. Support
FutureQuest Marketing offers its Clients both phone and email support
in order to provide Client with ongoing assistance to market their
900, 800 line/s, and website/s. All support queries will be responded
to within 24 hours or sooner.
7. FutureQuest
may provide all or any part of the Service through third party service
providers, such as telephone companies, billing services or others.
FutureQuest will use it reasonable business efforts in an attempt
to avoid any major interruption of the Service. However, Customer
acknowledges and agrees that FutureQuest is not responsible for
interruption of the Service caused by phone company or other third
party failures of any kind or from other causes outside its control.
8. Limitation
of Liability
FUTUREQUEST DISCLAIMS ALL WARRANTIES, EXRESS OR IMPLIED, WITH RESPECT
TO ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT EXCEPT
THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. FUTUREQUEST WILL NOT, IN ANY
EVENT, BE LIABLE FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR ANY DAMAGES OF ANY KIND RESULTING FROM ANY FAILURE
OF PERFORMANCE BY ANY THIRD PARTY PROVIDING ANY PART OF THE SERVICE.
9. Force Majeure
Throughout the term of this Agreement, FutureQuest Marketing will
use their best efforts to maintain the services and the operations
of 900 / 800 pay per call lines, and all web sites, that are operated
under the terms of any FutureQuest Marketing Service Agreements.
In no event shall FutureQuest Marketing or any of its affiliates
be held liable for any damages, claims, or losses to the Client
or Information Provider as a result of downtime or termination of
telephone services that arise as the result of unspecified occurrences
and events beyond the control of FutureQuest Marketing. Neither
Party will be liable for damages arising out of delays in processing
or other non-performance caused by such events as accidents, fires,
telecommunications failures, equipment failures, failures or fluctuations
in electrical power, heat, light or air conditioning, labor disputes,
strikes, riots, war, governmental regulations, third party non-performance,
acts of God or other causes over which such party has no reasonable
control.
10. Customer Indemnification
The Customer hereby agrees to indemnify and hold harmless FutureQuest,
from and against all costs, expenses, fees, and claims for damages
of any kind or nature whatsoever related to or arising from (i)
any failure of the Customer to perform any of its obligations under
this Agreement or any breach by Customer of any Law, (ii) any act
or failure to act within the care, custody or control of the Customer,
or (iii) any negligence or malfeasance by any employee or agent
of the Customer. No action undertaken by FutureQuest or any third
party provider as an accommodation to the Customer or any Cardholder
will serve to eliminate, limit or release any of the Customer’s
indemnity obligations.
11. Payout
and Payment Terms - 900 Bill to Phone Bill Service
The Payout rates are as follows for per minute calls: a $1.99
per minute call is paid at a rate of $1.00 per minute, a $2.99 per
minute call is paid at a rate of $1.85 per minute, a $3.99 per minute
call is paid at a rate of $2.55 per minute, a $4.99 per minute call
is paid out at a rate of $3.20 per minute. The Payout rates
are as follows for flat rate calls: a $10.00 flat per call rate
is paid at a rate of $8.00 per call minus .50 per minute, a $15.00
flat per call rate is paid at a rate of $12.00 per call minus .50
per minute, a $20.00 flat per call rate is paid at a rate of $16.00
per call minus .50 per minute, a $25.00 flat per call rate is paid
at a rate of $20.00 per call minus .50 per minute, a $34.95 flat
per call rate is paid at a rate of $27.95 per call minus .50 per
minute.
Payouts are sent on the 25th of the month payable by check for the
preceding month's activity. Preamble cost is .13 per call. The minimum
payment is $50 per check. 20% of each calendar month’s gross
revenue will be held for a period of 180 days. Each month’s
reserve amount will be released on the immediate payout date following
the 180 day reserve period providing the client has no negative
Payout balance due. Company may modify its reserve percentage, and
length of reserve at any time based on Clients transaction history
by posting notice via its website. The client will be held financially
responsible for the result of any and all chargebacks. A chargeback
occurs when a party declines to pay the charges they were billed
by their local telephone company for calls placed to the client’s
1-900 number. Chargebacks are deducted from the current month payout
should they occur. Each month the client will receive a statement
showing any chargeback activity.
12A. Payout
Payout Rates - 800 Bill to Credit Card Service
Payout rates
are as follows for per minute calls: A $.99 per minute call is paid
at a rate of $.59 per minute, A $1.29 per minute call is paid at
a rate of $1.00 per minute. A $2.99 per minute call is paid at a
rate of $1.99 per minute, A $3.99 per minute call is paid at a rate
of $2.69 per minute, A $4.99 per minute call is paid out at a rate
of $3.39 per minute. A $5.99 per minute call is paid out at a rate
of $4.09 per minute. The Payout rates are as follows for flat rate
calls: a $10.00 flat per call rate is paid at a rate of $7.00 per
call minus .10 per minute, a $15.00 flat per call rate is paid at
a rate of $10.50 per call minus .10 per minute, a $20.00 flat per
call rate is paid at a rate of $14.00 per call minus .10 per minute,
a $25.00 flat per call rate is paid at a rate of $17.50 per call
minus .10 per minute, a $30.00 flat per call rate is paid at a rate
of $21.00 per call minus .10 per minute, a $50.00 flat per call
rate is paid at a rate of $35.00 per call minus .10 per minute.
The Payout rate schedule has already been computed to reflect the
communication cost.
12B. Payment Terms - 800 Bill to Credit Card Service
Payouts checks or direct deposit payments are sent on the 25th
of the month payable for the preceding month's activity. 20% of
each calendar month’s gross revenue will be held for a period
of 180 days. Each month’s reserve amount will be released on
the immediate payout date following the 180 day reserve period providing
the client has no negative Payout balance due. Company may modify
its reserve percentage, and length of reserve at any time based
on Clients transaction history by posting notice via its website.
The client will be held financially responsible for the result of
any and all chargebacks. A chargeback occurs when a party declines
to pay the charges they were billed to their credit or debit card
for calls placed to the client’s pay per call number. Chargebacks
are deducted from the current month payout should they occur, and
a $25 fee is deducted to offset bank merchant fees for each chargeback.
Each month the client will receive a statement showing any chargeback
activity. FutureQuest Marketing provides online tracking so that
Client can fully monitor ongoing traffic stats, and Payout performance.
12C. Communication
Cost - 800 Bill to Credit Card Service
The communication cost is .05 per minute for inbound calls, and
.05 per minute for outbound. This applies to billable and unbillable
calls.
13. Setup
Cost
Initial one-time setup fee is $799 for either 900 or 800 number
service. This one-time setup fee is non-refundable. Optional one-time
setup fee for website design service is $349. Website design / setup
fees are non-refundable.
14. Maintenance
Fee
Client authorizes FutureQuest Marketing or a third party provider
to charge the credit card it has on file or to bill client for maintenance
in the amount of $50-$70 per month on a recurring automatic basis.
This charge will be processed in 30 days cycles from the date of
purchase. The automatic recurring charge authorization will remain
in effect until such time Client gives written notice to cancel
by email or regular postal mail. FutureQuest Marketing may cancel
this agreement if the maintenance fee is not paid in a timely manner
with or without notice.
15. Cancellation
The Client may cancel their service with FutureQuest Marketing at
any time, but the Client will not receive a refund of the setup
fee paid to FutureQuest Marketing prior to the date of cancellation.
FutureQuest Marketing may cancel this agreement at anytime in the
event that any of the following occurs: non-payment of monies due
to FutureQuest Marketing, failure to disclose price per call or
per minute to callers, excessive chargebacks, acts of fraud, including
but not limited to false or fraudulent pay per call minutes, ineffectual
information or services, spam abuse, or other any other acts of
fraud.
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