Will provide complete Setup / Programming within 1-10 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.
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.
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.
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.
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 line/s, and web sites. There is no license required to participate in any of FutureQuest Marketing programs.
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.
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.
Limitation of Liability
FutureQuest disclaims all warranties, express 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 maerchantability 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.
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.
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.
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. 10% 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, reserve additional funds on a case by case basis when chargeback risk increases, and extended the length of reserve at any time based on Clients transaction history. 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.
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.
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. 10% 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. If appropriate based on the customer’s transactions or account performance, or as required by our bank, we retain the right to hold or reserve up to 100% of revenue for as long as necessary to reduce chargeback risk, resolve disputes or questions raised by end-users, partners or bank requirements, policies, holds, freezes, increased reserves, or investigations. 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.
Comunication 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.
Initial one-time setup fee starts at $599 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.
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-$125 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.
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. Cancellation requests must be made via email to email@example.com. Cancellation is effective once we respond to your request, and have confirmed Cancellation via email. FutureQuest Marketing may cancel this agreement at any time with or without notice 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, failure to provide phone services to callers that are billed, failure to record greeting without proper age disclaimer and description of service offered prior to taking calls, excessive chargebacks, acts of fraud, including but not limited to false/deceptive or fraudulent pay per call minutes, ineffectual information or services, spam abuse by email, robo calls, or sms.
Any dispute between the parties arising out of or relating to this Agreement or any of the transactions or relationships contemplated hereby shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association as then in effect, before a single arbitrator appointed in accordance with such rules. The location of the arbitration shall be in Palm Beach County, State of Florida.