AGREEMENT FOR SERVICES

 

To accept and approve this campaign along with the attached message templates, Please reply "I AGREE" in ALL CAPS, along with your Initials and title.
(EXAMPLE: I AGREE - MEH, General Manager)

 

Dealer Details:

 

Dealer Name:  {company} 

Address:  {address} 

Phone:   {phone} 

Email:   {email} 

Contact Name:  {first_name}  {last_name} 

Title:  {title} 

Upon completion of this agreement, Reliable Response, LLC agrees to

In order for Service Provider to fulfill obligation to Client, Client understands and agrees to the following terms:

 

1. Full payment due immediately upon Reliable Response LLC's verification of 5th sold car

2. Client agrees to submit a complete export of all sold units from Client’s DMS no later than Wednesday each week to include ALL units sold by the dealership the prior week.

3. Sold unit export must be provided in a .csv file, excel file, or a spreadsheet. Data fields will include no less than the following details: (1) Customer’s First and Last name, (2) all phone numbers provided by client, (3) client address and (4) sale date.

4. Client can designate a start time for their campaign between the hours of 2 PM and 5 PM. Client can expect campaign to run for a minimum of 2 hours, during which time, Client must be open for business for a full 3 hours from the chosen start time.

5. Client agrees to utilize the messaging provided by Service Provider

6. Client agrees not to change the nature of the campaign by only offering trade‐in’s to customers over the phone.

7. Service Provider will provide Client with scripts to handle inbound calls and potential objections to assist their sales personal maximize the effectiveness of the campaign. Client agrees to utilize materials provided by Service Provider with only inconsequential changes which do not alter the intent of the materials provided; thereby changing the nature of the campaign.

8. Client agrees a minimum of 90% of inbound calls must be handled by a live person making his/her best effort to follow the provided script to bring the customer into the dealership for an appraisal. In the event Service Provider learns more than 10% of inbound calls are not being handled properly by the Client’s staff, Service Provider will immediately suspend campaign pending a meeting with Client to address the issue. Service Provider will allow Client 3 opportunities to correct their team’s call handling procedure via suspending campaign pending Client Meeting & Review.

9. Failure of Client to comply with any of the above terms will release Service Provider from obligation to continue working with Client immediately.

10. Client understands in the event Service Provider discontinues further service to Client due to non‐compliance with contract terms, Client will not be provided a refund in any amount.

11. While Service Provider may make every reasonable effort to allow Client to correct non‐compliance to continue to fulfill the Unit Guarantee with Client; such effort is a courtesy, and not a requirement.

12. In the event Service Provider learns Client is distorting, manipulating, or corrupting their Sold Units data, in any way or manner; or providing false data to Service Provider, Service Provider is immediately released from further obligation to continue working with Client, and no refund will be provided under any circumstances.

PAYMENT TERMS: $10,000* 

*due after 5th sold verified car from campaign

 

ACKNOWLEDGMENT:

 

Before I sign this agreement, I acknowledge that I have read, understood and agree to be bound by these Terms.

 

Service Provider warrants its services will be performed in accordance with all applicable laws. Service Provider agrees to preserve the confidentiality, integrity and accessibility of Client data. Service Provider also agrees that at no time is Client’s data to be shared, sold or displayed to any other parties without the express written consent of Client. 

 

Client agrees and warrants that in using the services and otherwise conducting its business, Client will provide accurate and up-to-date information which Client is legally allowed to possess and use, and will comply with all applicable laws and regulations, including without limitation the FCC’s Telephone Consumer Protection Act, the FTC’s Telemarketing Sales Rule, the CANSPAM Act, data privacy laws, and all other applicable laws, regulations and industry best practices.  Client also warrants that it has any required “express written consent” to contact the numbers provided/purchased, and that such consent is well documented and in the possession of Client.  Client agrees to use the Services in full compliance with all laws and understands that Service Provider is not managing compliance for Client.  Client may not use this Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.  

 

Client assumes complete responsibility for any Approved Communications sent by Service Provider on behalf of Client including any violations that arise, holding Service Provider and its Agents and Representatives harmless. Client agrees to defend, indemnify and hold harmless, including by paying reasonable costs and attorney fees, Services Provider, along with its owners, officers, managers, employees, contractors, affiliates and agents, from and against any claim, suit, investigation, fine, cost or expense related, directly or indirectly to Client’s use of the Services or any actual or alleged breach of these terms, or of any law or regulation.

 

Client agrees that any claim or suit between the parties shall be brought and heard only under Nevada law and in the courts of the State of Nevada, and the State and Federal courts in Clark County, Nevada shall have exclusive jurisdiction over the same and that venue shall be appropriate in the same.  In any such proceeding, if Service Provider substantial prevails, Client shall pay all costs, expenses and reasonable attorney fees of Service Provider within 30 days of Service Provider’s written demand for such reimbursement.

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