Terms of Service
Terms and Conditions of Use of TMI Communications, LLC.
1 Acceptance: The Use of TMI Communications, LLC Terms and Conditions
Your access to and use of TMI Communications, LLC is subject exclusively to these Terms and Conditions. You will not use the TMI Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and/or TMI services.
Company agrees to subscribe to this service and pay TMI upfront for all Billable Lead Transfers. All orders of Billable Leads shall include a 60 second buffer. “Billable Leads” is defined as a transferred call that is successfully connected and equals or exceeds call duration of 60 seconds, known as a 60 second buffer.
TMI reserves the right to re-negotiate the per leads transfer price based on both volume, conversion rates and lead sourcing at reasonable and customary industry and campaign standards.
TMI is solely responsible for sourcing and providing raw outbound calling data with the agreement that such data shall only be used for the purpose and benefit of the Company’s campaign to the exclusion of all others.
Company will have access to daily reports that will be issued to view campaign progress and call/transfer logs. Where necessary, Company may be required to provide call logs and duration in the event that company uses its own predictive dialer platform.
NO SHOW LEAD PENALTY:
Opener and closer dialing and transfer schedules must be closely observed. Except in the case of a predetermined lunch break, force majeure and or technical difficulties outside of the centers control, ALL logged agents MUST adhere to the predetermined dialing and transfer schedule during regular business hours with NO EXCEPTIONS. Should a change in the dialing and transfer schedule become necessary TMI requires 24 hours notice to notify the opening call centers. Failure to comply with this will result in a financial penalty of an hourly average of Billable Leads generated by the opening call center for EACH hour such an infraction occurs.
IMPROPER USE PENALTY:
Should any closing agent be found to have misused, misappropriated or attempted to circumvent the 60 second buffer by prematurely disposing of transfers and obtaining a call back number TMI will immediately end the campaign, terminate this agreement and make void any remaining transfers owed to the Company.
All sales are final and the serves may not be extended or refunded for any reason. By agreement, the Company guarantees payment of the service and will be responsible personally for any NSF, charge backs or any other debt occurred. TMI has a no-return cancellation policy. Once you submit your order, all sales are final. TMI does not guarantee any type of closing ratios. While our service works for most industries, we will not be held responsible if your campaign does not perform.
The contents of TMI Communications Inc. website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Change of Use
TMI Communications Inc. reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that TMI Communications Inc. shall not be liable to you for any such change or removal and:
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
TMI Communications Inc. Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to TMI Communications Inc. or otherwise used by TMI Communications Inc. as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, TMI Communications Inc. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 TMI Communications Inc. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of TMI Communications Inc. for death or personal injury as a result of the negligence of TMI Communications Inc. or that of its employees or agents.
You agree to indemnify and hold TMI Communications Inc. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against TMI Communications Inc. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website or services provided by TMI.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
TMI, its affiliates, distributors and their respective officer, directors, agents, employees, suppliers, and shareholders shall not be liable and are not responsible for any loss or damage Company suffers, or any party claiming through or under Company, as a result of, or related to, the use of the service including, but not limited to: any indirect, incidental, special, punitive, or consequential damages, resulting from or relating in any way to the use of the service even if has been advised of the possibilities of such damages. Company agrees to indemnify and hold TMI harmless from any and all claims, losses, damages, judgments, expenses, and costs (including any attorney’s fees and expenses) arising out of the use of the service or the infringement of any trademark or copyright. TMI makes no express or implied representations or warranties of merchant-ability, fitness for a particular purpose, legal compliance, or non-infringement.
TMI does not authorize any warranties on the company’s behalf and Company may not rely on any statement of such as a warranty by TMI. Company will not utilize the service in a manner which results in violation of any law, rule or regulation. Company bears full responsibility for compliance with all state and federal laws regarding the content of their messages(s). Company certifies messages(s) used will be in compliance with 47 U.S.C § 227 or certifies exemption from its requirements.
Company acknowledges TMI has no obligation to screen, preview, or monitor content of message(s). TMI retains the right to display scripts and recordings used to other prospective Clients/companies. Company understands example messages displayed are not for actual use. Company’s selecting an example for actual use do so at their own risk, on their own initiative and are responsible for compliance with all applicable laws. TMI may disclose to a third part any investigation or compliant regarding Company’s use of the Service. Company agrees to pay all reasonable collection and/or attorney’s fees associated with part any investigation or compliant regarding Company’s use of the Service.
TMI shall be held harmless in the event calls cannot be affected for any reason. Service is provided on an “as is” and “as available” basis. Due to the nature of our products/services we do not allow refunds or cancellations. All Subscription Services are non refundable and on a month to month basis and are prepay only. TMI reserves the right to cancel any scheduled campaign anytime.
Company agrees to appropriately inform their staff and all incoming callers that calls may be recorded or monitored. Please note that all recordings are stored for a short duration only. If you need recording storage on a permanent basis, please contact your sales representative to make arrangements for long term recording storage.
Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Saint Lucie County, Florida and shall be governed in all respects by the laws for the State Of Florida without regard to its conflict of law provisions. Should any part of this Agreement be declared invalid, the remaining portions shall remain in full force and effect as if the Agreement had been executed with the invalid portion eliminated. Failure of TMI to exercise any right under this agreement shall not constitute a waiver of such right. This agreement is the final, complete, and exclusive agreement between TMI and Company with respect to the subject matter hereof, and supersedes prior communications, oral or written, with respect to the subject matter hereof. No modification of, or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by both parties.
By signing this agreement, the Company personally guarantees the service and will be responsible personally for any NSF, charge backs or any other debt occurred. TMI has a no-return cancellation policy. Once you submit your order, all sales are final. TMI does not guarantee any type of closing ratios. While our service works for most industries, we will not be held responsible if your campaign does not perform.
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