Terms of Service

Marketing Services Agreement

This client agreement (“Agreement”) is made and entered onto this today by and between 1000CallsADay.com (“1000Calls), and Clients(“Client”). This Agreement supersedes all prior or existing agreements between the parties.

1.     Non-Exclusive License Granted: Upon receipt of the purchase price and signed Agreement from Client (See Schedule A for product/service descriptions and pricing, which terms are hereby incorporated into this Agreement by reference), 1000Calls hereby grants Client a limited, non-exclusive license to use the software, platforms, services and products (collectively, “Products”) described in SCHEDULE A to conduct Client’s marketing campaigns while this Agreement is in effect. Client alone is the authorized user of the Products and Client may not allow any other person or entity (“Unauthorized Users”) to make any use of the Products by any Unauthorized Users. Clients may not, at any time, resell or re-license the Products to any Unauthorized User without the written consent of 1000Calls.
2.     Services & Pricing, Schedule A: Client shall receive the services listed in SCHEDULE A and shall pay the fees set forth therein, subject to these terms and limitation. 1000Calls shall be entitled to a 10% late fee compounded on a monthly basis on any overdue balance. Client’s account shall be considered overdue if not paid within 3 days of receipt of billing. The terms in this Agreement will govern when a conflict exist between these terms and SCHEDULE A, unless SCHEDULE A specifically references the portion of these terms which are to be modified by the schedule.
3.     Term & Termination: This Agreement shall become effective on the date we officially hire and pay your prospector. The initial term of this agreement shall be for 6 months. The agreement will then automatically renew for additional 1-month renewal terms until terminated by either party on 30 day’s written notice to the other. During the renewal term, this Agreement may be terminated by either party at any time, for any reason or no reason, on 30 day’s written notice to the other. If 1000Calls determines, in its sole discretion, that Client has or may have violated the law with regard to its marketing campaigns or its use of the Products. 1000Calls may immediately suspend or terminate this Agreement and the license without any notice. Upon termination by either party, the license shall immediately terminate and Client shall make no further use of the Products.
4.     Compliance with Law: Client is required to use the Products in full, compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) real estate professional licensee rules of conduct; (b) Do-Not-Call (“DNC”) list prohibitions; (c) licensing and bonding requirements; (d) consumer cancellation rights; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages; (g) opt-out rules; (h) mandatory disclosures; (i) intellectual property rights and restrictions; and (j) other product or industry regulations. By making any use of the Products, Client expressly warrants to 1000Calls that Client is and shall continue to act in full compliance with the law. All 1000Calls offers are void where prohibited by law. Client agrees that Client has read and understands the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations, Client should review these rules with client’s own legal counsel to ensure that Client understands and is fully compliant. 1000Calls does not assume responsibility for ensuring that Client’s marketing campaigns meet applicable legal requirements. 1000Calls will not assume any liability if Client is ever held guilty or liable for any law violation. Notwithstanding the foregoing, Client acknowledges that 1000Calls has and is taking active steps and otherwise. If 1000Calls discovers evidence demonstrating that Client has violated the law, 1000Calls may suspend or terminate the Client’s use of the Products immediately.
5.     Cell Phones: Client understands that the TCPA prohibits certain types of telemarketing calls to cell phone and agrees not to use the Products to market to cell phones except as allowed by law. Client assumes all risks if Client elects to call cell phones. Clients will not engage in any SMS/text marketing, except as allowed by law.
6.     SAN Numbers & DNC: Client acknowledges that certain sellers and telemarketers may be required to purchase their own Subscription Account Number (“SAN”) to the National DNC registry, including all area codes into which they call and transmit messages. Client agrees to obtain a SAN number and all applicable area codes, unless exempt. Client agrees to purchase and scrub against any applicable state or federal DNC list, unless exempt. Client shall refrain from marketing to any consumer who has opted-out by asking not to receive future marketing from Client. Unless SCHEDULE A specifies otherwise. Client (not 1000Calls) shall be responsible for maintaining and enforcing an internal DNC list of consumers who have opted out of Client’s marketing.
7.     Call Abandonment Rate/Drop Rate: Regarding any abandoned (dropped) calls, Client understands and agrees to ensure that it does not drop more calls than allowed by law.
8.     No Legal, Financial or Tax Advice Provided: No financial, legal, or tax advice or counsel is given, or shall be deemed to have been given by 1000Calls or its affiliates and contractors, or by the Products.
9.     Indemnification: Client shall assume, pay, indemnify, hold harmless and reimburse 1000Calls and its owners, employees, agents, affiliates, contractors, successors and assigns for any and all liabilities, damages, claims, suits, settlements, judgments, investigations, costs, and expenses, (including reasonable attorney’s fees and court costs) directly or indirectly incurred by 1000Calls to the extent the same are related in any way to this Agreement or to Client’s use of the Products. Upon receipt of any demand or claim by 1000Calls related to Client, 1000Calls may elect to turn the defense and resolution of such claim over to Client who shall bear all costs and expenses and satisfaction. Alternatively, 1000Calls may elect to defend any such claim on its own and then to obtain reimbursement from Client. In either case, 1000Calls and Client shall cooperate and share necessary information in any such defense. Client realizes that 1000Calls may be required by law to provide certain information about Client if 1000Calls receives a subpoena from a court or regulator with competent jurisdiction.
10. Limitation of Liability: Neither party shall be liable for any consequential, incidental, special or indirect damages (including but not limited to, loss of profits goodwill, use, data, or other intangible terms) even if the other party has been advised of the possibility of such damages or losses. 1000Calls is not responsible for any failure of third-party DNC or wireless list providers to deliver its data accurately, completely or in a timely way, 1000Calls is not responsible for damages resulting from improper or incomplete use by Client of 1000Calls’s products and services. With respect to any other damages, 1000Calls’s liability hereunder shall in no event exceed an amount equal to the amount actually paid by Client to 1000Calls in the month prior to a claim being made, regardless of the basis for the claim. Client understands that this is a significant limitation on Client right to sue 1000Calls and Client should not proceed if Client does not agree. 1000Calls shall not be bound by any typographical or other error or misprint in its marketing materials or online purchase websites, so long as 1000Calls provides prompt notice of any such error and corrects the same, upon discovery.
11. Warranties: Except as otherwise provided herein. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 1000CALLS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF 1000CALLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Intellectual Property: “1000Calls”, “1000 Calls A Day” “1000callsaday.com” and all related trade and service marks are and all shall remain exclusive intellectual property of 1000Calls. 1000Calls and Client specifically acknowledge that this Agreement does not confer upon the other party any interest in or right to use any trademark or service mark and receives the prior written consent of the owning party, which the owning party may grant or withhold in its sole discretion. Client acknowledges that the Products are protected by state, federal and international copyright laws and treaties and Client hereby prospectively waives any challenges to the existence, ownership and enforceability the same. 1000Calls acknowledges and agrees that all leads and data provided by Client are and will remain the intellectual property of Client. 1000Calls is responsible for ensuring that the data and leads Client provides to 1000Calls is stored in a secure manner. 1000Calls will not transfer Client’s leads and data to any third party without the written permission of Client, except as required by law or by a court of competent jurisdiction. All of the client's data that is obtained and stored through 1000Calls’s TCPA Locker will be stored for a period of at least 7 years, and then may be destroyed or deleted. Except as otherwise specifically permitted in this Agreement, Client may not; (a) modify or create any derivative works of any Products, service or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Products shall not be deemed derivative works); (b) sublicense or permit simultaneous use of the Products by more than one user; (c) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any software related to the Products (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, use the Products in a timesharing or service bureau arrangement, or otherwise transfer rights to any Products; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Products; (f) publish any results regarding the Products to a third party without prior express written consent from 1000Calls; or (g) attempt to create or sell any systems similar to the proprietary systems of 1000Calls.
13. Legal Relationship: By this Agreement, no agency, employment, ownership, partnership, or joint venture relationship is formed beyond that of independent contractors.
14. Non-circumvention: During the term of this Agreement, Client will not make any deal with, or otherwise become involved in any transaction similar to this Agreement, with any third party without the prior written permission of 1000Calls. Any attempt to circumvent 1000Calls, directly or indirectly, by Client working with any of 1000Calls’s contractors, affiliates, partners, vendors, technology providers, agents or employees, without the consent of 1000Calls is prohibited.
15. Non- Solicitation: While this Agreement is in effect and for a period of at least 1 year after termination, neither party shall solicit for employment any employee or contractor of the other.
16. Choice of Law & Venue: This Agreement shall be governed by and construed according to the laws of the State of Nevada, without giving effect to normal choice-of-law and conflict-of law principles. The parties agree that the State and Federal courts in Clark County, Nevada shall have exclusive jurisdiction and venue over any legal dispute between the parties. The parties’ consent to such jurisdiction at this time. The prevailing party in any legal disputes between the parties shall be entitled to their reasonable attorney’s fees and court costs.
17. Other Important Disclaimers: Client is not purchasing a “franchise”, “business opportunity”, “strategic or targeted marketing plan”, or “exclusive territory” from 1000Calls. Client understands that some of the Products involve complex processes and technology, and that it may take time, effort, and skill to install, understand, and operate these products. Clients must allow ample time to receive, set up, test, and understand his or her system before advertising or going on-line to the public. Client is aware that the Products make use of a wide variety of computer hardware and software, as well as telephone companies and equipment. For this reason, 1000Calls does not warrant that its products will function in every environment. It is the Client’s responsibility to obtain the necessary computer equipment and software to operate these Products. It is the Client’s responsibility to become aware of the cost and availability of all telephone, data and electrical requirements. Client is responsible for any business and miscellaneous expenses necessary to operate these Products, including telephone service, internet connectivity, computers, etc. 1000Calls will not be liable for these expenses for any reason. Even though Client’s system may be designed to operate 24 hours a day, Client should be aware that the system may be out of service periodically for backups, maintenance, improvements, or difficulties such as power outages, telephone line problems, hardware/software malfunctions, etc. 1000Calls will not be liable for any lost revenue, lost profits, advertising, or additional expenses due to loss of data, hardware/software problems, or for any reason. Clients will pay the shipping costs of returning any items for repair or replacement. Clients are aware there will be limitations as to the size of the software applications and to the number of telephone lines that can be used, due to hardware and software limitations. 1000Calls does not make any claims or guarantees that Client will bring in any revenue nor operate any profitable services or businesses by using the Products sold by 1000Calls. The suggestions, ideas, and techniques offered by 1000Calls are not guaranteed to bring success. The success of the Client will be affected by many factors, including, but not limited to, his or her efforts and competence. Client is not responsible for the security of the system and for obtaining property and liability insurance.
18. Notices: All notices which may or shall be given under this Agreement shall be made by certified mail to the last known business address of the party to which the notice is intended, If either party has changed its address, a written notice thereof shall be given to the other party.
19. Modification of Agreement: The parties agree that this Agreement may only be modified with the written consent of all Parties.
20. Non-Waiver: The parties agree that the failure of any party to take an action under this Agreement of the waiver of a breach of this Agreement shall not affect the party’s rights to require performance hereunder or constitute a waiver of any subsequent breach.
21. Entire Agreement: This Agreement, along with any addendum, schedule or exhibit incorporated by reference, constitutes the entire understanding and agreement of the parties with regard to the subject matter hereof and supersedes all prior and contemporaneous communications, understandings and agreements, either written or oral.

22.  Survival: Any provision of this Agreement, which by its nature, would naturally survive the termination of this Agreement, shall expressly survive any termination, including without limitation, those provisions related to indemnity, compliance with law, intellectual property, non-circumvention and notices.

Schedule A

You accept the hire we recommend; the hiring fee is nonrefundable and if we need to hire another prospector/ISA because a poor hire was made, they quit, etc., the charge will only be from the labor supplier.

Endorsed VAs receive 10 paid holidays per year. These holidays are noted as:

*BIRTHDAY PTO FROM JESS, ZELL, OR JHOAN

*Paid holidays apply only on working days. Holidays that fall on a non-working day are unpaid.

A $600 deposit per VA for the 1^st month labor cost is required once the VA is endorsed. This is refundable upon cancellation.

Payroll cut off is every 10^th and 25^th of the month. Headhunters send the invoice a day after the cut off to give the clients ample time to make the payment before the payout date.

VA’s payout is every 5^th and 20^th of the month. Payments should be made 5 days before the payout date. A $50 per day penalty will be charged to the client should the client miss to make the payment on time.

Includes 40 hours of calling, multi-line dialer, TCPA compliant dialing, call monitoring, call recording, premium speed internet, headset, computer, and backup internet service in case of disruption. If there is LESS than 40 hours a week of calling (due to weather or power issues), then 1000callsaday will help ensure your bill will be adjusted by the hours not worked, or those hours will be made up by the assistant.

Sales management includes morning group huddle, weekly one-on-one coaching session, 8 hours daily supervision, daily script and role play practice, team building exercises, gamifications, daily sales reports, and instant lead transfer notifications to any email you choose.

Your main point of contact will be your coach or our CEO – Jessica@1000callsaday.com

A lead is defined as someone who wants to speak with you now or within the next 24 months about working with you.

Our goal is to identify 30-60 nurtures a month to add to your sales pipeline.

You must pay your bill within 3 days of being due or it compounds a 10% fee monthly.

You agree to respond to all communication from 1000Calls within 48 hours.

If you have poor experience, and would like to cancel before your contract has expired, talk to Jessica. We know this program is not for everyone, and guarantee to make the process of cancelling as simple as possible.

A written notice of cancellation should be received 30 days prior to the last day of your VA calling. Failure to provide appropriate notice will forfeit any potential prorated refunds.

All communication to the prospector needs to go through 1000Calls, and you cannot communicate with the prospector directly without copying 1000callsaday.

If your prospector dies or there is some act of God and they can’t work, in that case you will not be charged and this contract will be suspended for an indefinite term as deemed by 1000Calls.

Professional Disclaimer: We cannot and do not contain or provide legal advice. The marketing information is provided for general information and educational purposes only, and is not suitable for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. We are not attorneys. THE USE OR RELIANCE OF ANY INFORMATION PROVIDED TO YOU FROM ANYONE OR ANYTHING AT 1000callsaday IS SOLELY AT YOUR OWN RISK.

As the sales management company you have hired, to oversee the virtual assistant(s) that you pay directly, we recommend you inquire about and set up any telemarketing bonds and licenses that are pertinent to the state that you plan to telemarket within.

Before becoming a client, you should check with any local licensing agencies, your local board of Realtors, and your Attorney General to ensure that you are compliant with all laws, rules and regulations, codes, etc., before engaging in a contract with 1000callsaday.