Last Updated July 30, 2013.
PLEASE CAREFULLY READ ALL THE TERMS AND CONDITIONS BELOW BEFORE YOU ORDER SERVICES, LISTS OR LEADS. ALL PURCHASES ARE NON-REFUNDABLE. COMPLIANCE WITH THESE TERMS AND CONDITIONS IS REQUIRED OF EACH GROUPCALLER™ CLIENT. IF YOU ARE NOT OF LEGAL AGE TO ENTER INTO THIS CONTRACT, IF YOU ARE NOT WILLING TO BE BOUND BY THER TERMS HEREIN, OR IF YOU ARE OTHERWISE UNABLE TO BE A PARTY TO THIS AGREEMENT, YOU SHOULD PROMPTLY EXIT FROM OUR WEBSITE WITHOUT MAKING A PURCHASE. WE RESERVE THE RIGHT TO REFUSE SERVICES TO ANYONE IN OUR SOLE AND ABOLUTE DISCRETION.
THIS AGREEMENT, by and between GlobalTmail USA, LLC (a Utah limited liability company), and the GlobalTmail™ Client who registsers as a Client and/or buys any GroupCaller™ or GlobalTmail™ service (herafter "User", "you", or "Client"), is entered into at the time of purchase of any GroupCaller™ or GroupCaller™ related service and is hereby made a part of all rules, regulations, procedures and policies of GlobalTmail™ Member Agreement, Associate Agreement, Client Agreement and all other Policies and Procedures of the company.
GroupCaller™ is the tradename for the software combined with the hardware platform that provides the services offered by GlobalTmail USA, LLC. GlobalTmail USA, LLC is the owner of this tradename. Any individual, company or entity who uses our services certifies their agreement to the Terms of Service ("TOS") presented here, plus any future modifications or changes. Users, Clients and others agree it is their responsibility to refer back to the TOS and other agreements on a regular basis to stay up to date and remain in compliance with the TOS.
No warrantee is given, implied or guaranteed that the services we provide are suitable for any particular purpose. No performance guarantee or result is guaranteed other than the operability of our services subject to the limitations of the TOS.
HOSTED AND STAFFED CALL CENTER SERVICES
By using the services of GlobalTmail™ USA, LLC dba GroupCaller™ (hereafter "Company" or "the Company"), the Client/User agrees to comply with all FTC/FCC rules and regulations pertaining to "Telemarketers" as defined in the Telemarketing Sales Rule and other applicable regulations. The Client agrees to register with the FTC, obtain the Client's own Subscriber Account Number ("SAN") and provide the SAN to the Company for its records. The Client further agree to comply with all provisions of the Do Not Call registry including the payment, if required, of a fee to the FTC for each Area Code called by the Client or by the Company's Staffed Call Center on behalf of the Client, which exceeds the 5 free Area Codes granted by the FTC at no charge.
Lists. The Company provides calling lists for current, active Clients per the terms listed on our website. Such terms are subject to change from time to time without notice. By using our lists, you understand and agree that we do not warrantee or guarantee any particular level of accuracy of the data and/or information contained in the lists we provide. While we attempt to acquire accurate lists, you understand and agree that no list is 100% accurate, and that we affirmatively state that our lists are less accurate than many other lists available from many lists sources throughout the USA and Internationally. We are willing to filter lists for calling campaigns based on various demographics such as geography, education, home ownership, age, etc. However, the Client understands and agrees that none of the filters are accurate. The Company is willing to filter based on age and income or assets. But when the Client specifies older age groups of 40 and above, incomes higher than $60,000 annually, or assets greater than $100,000, the Company reserves the right to expand these filters to include younger ages, smaller incomes and less assets. The Client hereby certifies that he/she/it understands and agrees that older age, higher income and higher asset demographic filters are often inaccurate and also often result in a marketing list too small to run an effective Campaign which has a likelihood of allowing the Company to deliver the minimum required Leads for the Client's purchase. In all cases, the Client agrees to allow the Company to expand or increase the geographic radius of a list and or modify the demographic filters applied to lists in the even the scrubbed list results in fewer than 50,000 records. The Client may supply his/her/it's own list(s) for the Client's campaign(s) at any time and use them without extra charge. When using the Client's own lists the Client certifies that the list has been scrubbed for all applicable Do Not Call registry entries and the Client indemnifies, holds harmless and agrees to defend GlobalTmail USA, LLC, its owners, affiliates, employees, contractors or others from any or omissions acts which may result in a liability to the Company. The Company is under no obligation to update our lists based on any particular time schedule. Any and all Lists created by the Company for the exclusive use of the Client are considered owned by the Client upon receipt of Client's payment. The Client acknowledges that the Company does not automatically deliver such lists to the Client. However, the Client may request any and all lists created by the Company on Client's behalf and the Company shall email or make available by download those lists as requested by the Client at any time while the Client's account with the Company remains active.
Staffed and Hosted Call Center Scripts. There are three (3) separate categories under which scripts are used for lead-generating purposes. (1) Per-Minute Staffed Call Center. (2) Purchased Leads. (3) Hosted Call Center Scripts. Under each category, the Client understands and agrees that scripts are merely a guide to help the Phone Agent disseminate correct information, overcome objections, and respond to questions. The Client understands and agrees that Phone Agents are not required to read scripts verbatim, and agrees that such verbatim reading of scripts is non-effective when talking to prospective customers, and that all Phone Agents are discouraged from the verbatim reading of scripts when talking to prospects for the Client. Therefore, the Client understands and agrees that each script for any Campaign of the Client consists of a written guide to the Phone Agent and is not generally intended for verbatim reading. Scripts are not a mandate for required syntax, exact words or spoken phrases when talking to prospects. The Client agrees that the Company's Phone Agents are encouraged to put the ideas and concepts contained in a script into their own phrases or words to ensure that when talking to a prospect, their voice sounds natural, unrehearsed and uses the same everyday language with which each Phone Agent is accustomed when talking to others. With respect to scripts and representations over the phone, the Client understands and agrees that the Client is considered to be a "Telemarketer" by the FTC and FCC rules, and by other applicable laws and regulations. As such, the Client assumes responsibility for adhering to the Telemarketing Sales Rule as promulgated by the Federal Trade Commission, the DNC Registry, and all other regulations pertaining to telemarketers including required disclosures for telemarketing campaigns. The Terms Of Service to which the Client agrees, as applied to campaign scripts for the three separate script categories, are as follows:
Per-Minute Staffed Call Center. The Client assumes the responsitility for creating their own script. To meet this responsibility, the Client may write their own script, may pay an employee to do so, may hire an outside agency for this task, or may also buy script-writing services from the Company on the Company's website. All such production of scripts either created by or delegated by the Client are considered to be the intellectual property of the Client and as such, are considered to be the script which has been authorized to be used on the campaign(s) as designated by the Client. The Client is solely responsible for the content of any and all scripts under this category.
Purchased Leads from Staffed Call Center. If the Client buys Leads by paying a flat rate per lead, the GlobalTmail USA, LLC assumes the responsibility for creating the script. The Company also reserves the right to modify all content in all scripts used on the Client's behalf without pre-authorization from the Client. The Company agrees to keep the Client informed of all such content when scripts are created and/or modified. The Client may make suggestions as to portions of the script they wish to to modify when running a Lead Generataion campaign. However, the Company bears the sole responsibility of ensuring that the script results in a profitable campaign for the Company based on the price paid by the Client for Leads. Therefore, any final decision regarding content of scripts for any and all leads purchased at a flat rate rests solely with GlobalTmail USA, LLC.
Hosted Call Center Scripts. When using the Hosted Call Center, the Client has the sole responsibility for creating and editing their own scripts for their own campaigns. The Client may elect to purchase script writing services from the Company, may write the script themselves, or may delegate the task to an employee, agent or outside agency at their sole discretion.
Price Changes. Prices are subject to change without notice. Due to fluctuations in the costs associated with Internet service, wholesale VoIP termination services, LEC (Local Exchange Company) price changes who publish hundreds of thousands prices on area code and prefix combinations in the USA, taxes, changes in response rates that alter the Company's cost of delivering fixed-price Leads and other costs over which GlobalTmail USA, LLC has no control, the Client understands and agrees that the Company has the right to change prices at any time without advance notice to the Client. The Client further agrees that when the Company posts any price change(s) on its official website, such posting constitutes sufficient notice of such price change(s) and that Company has no affirmative obligation to the Client to provide email, phone or other method beyond such website postings. The Client agrees it is the Client's obligation to monitor the official Company website for price changes on a continual basis. The Client agrees to any and all such price changes and hereby authorizes the Company to bill its account accordingly.
Subscriptions. All subscriptions are due at the beginning of the period for which service is ordered. Subscriptions are paid based on a calendar month and are charged to the card or Paypal account as provided by the Client at the time of original subscription(s). All subscription payments are non-refundable pursuant to the company's Refund Policy. The Company may, in its sole discretion, suspend any service immediately and without notice in the event the Client fails to pay the subscription fee on its due date. The Client hereby certifies that the Client has fully authorized the Company to charge the Client's credit or debit card, or Paypal account on the same or similar day each month, until the Client submits a Notice of Cancellation to the Company for any Subscriptions ordered from the Company by the Client. The Client hereby agrees that the Company is fully authorized to charge or debit the Client's payment details (card information or Paypal information) as submitted by the Client at the time of Client's' Subscription. The Client may cancel any subscription at any time by delivering a written emailed notice notice to the Company to the Company's Support address (email@example.com) no later than 24 hours prior to the due date of the next Subscription payment. Subscriptions may not be cancelled retroactively by the Client after a payment has been submitted by the Client.
80/20 Rule Applies To Per-Minute Flat-Rate Pricing. The Client understands and agrees that when using the Company's flat rate per-minute pricing plans, the Client is bound by the Company's 80/20 Rule. Under this Rule, the Client agrees that 80% of the calls made shall be to phone numbers priced lower than the Flat Rate to which the Client is authorized by the Client's GroupCaller License. Prices are determined based on the Company's Basic or Enhanced Rate Tables (eg Discount or Wholesale). In the event 20% or more of the Client's calls terminate to numbers that are priced higher than the Client's Flat Rate for any day or partial day, the Company may, in its sole discretion, change the Client's rate plan to either the Basic or Enhanced Rate Table, based on the License or Package for which the Client has paid, retroactive to the date on which the 80/20 Rule was broken. The Company agrees to notify the Client via email notification in the event such rate change becomes necessary.
Agreement To Changes In TOS. Use of our services indicates agreement to this Terms of Service (TOS) document plus agreement to our Refund Policy, Client Agreement, Policies as well as the terms and conditions for any service and/or product as explained on the official Company website. The Client agrees that the Company may edit and modify the TOS page and/or any page on any of its official websites at any time and that it is the Client's responsibility to refer back to this page as well as the other agreements and pages from time to time to ensure you understand all TOS. Use of any of our service indicates the Client's agreement to all TOS as modified from time to time by the Company. The Company has no affirmative duty to notify Clients at the time of such changes and/or modifications, with the exception of posting such changes on the appropriate pages of its website.
Funds Earned When Paid Policy. The Client understands and agrees that upon payment for any product or service from the Company, those funds are considered to be fully earned by the Company upon receipt of payment by the Company and are not subject to refund pursuant to the Refund Policy to which the Client must agree before paying the Company for any and all products and services.
The Client acknowledges and agrees to the fact that ordering intangible services from the Company such as Leads, lists, script writing services, etc. whether or not those services were ordered individually or were included as a part of a package such as when buying Leads or a Basic, Enhanced or Professional Package, a License Fee or loading minutes into their account, the Company is compelled to make expenditures exclusively on their behalf for which the Client is responsible the moment a portion of the fee(s) paid. and which cannot be recouped from other Clients once the Company begins its work on behalf of the Client. The expenses incurred by the Company on behalf of the Client include but are not limited to consultation with salaried company personnel, drafting and/or recording a calling script, drafting and/or recording a Caller ID script, long distance calls to the Client, obtaining a customized dialing list for the Client which cannot be used with other Clients, a minimum of 2 hours of labor by Company tech support personnel to set up the Client's account in the GroupCaller™ dialer system, the CRM system and the billing system, all of which must be set up and/or created manually with customized settings for the Client, plus additional expenses and services which are done exclusively for and on behalf of the Client. The Client further acknowledges that when the Client orders pre-paid minutes, Leads, or any other calling service, the Company is required to pay the cost of its phone, ISP and Data Center services prior to rendering the Client's ordered services and that such services are paid by the Company immediately upon receipt of funds by Client. Such expenditures cannot be recouped by the Company after being paid for the purpose of delivering Client's services. Because of the custom nature of services rendered to the Client by the Company, and because the Company must incur expenses on the Client's behalf immediately upon receipt of Client's payment(s) and prior to delivering services to the Client, the Client agrees that no refunds shall be made after payment has been submitted to the Company.
In addition to the foregoing, the Client hereby agrees that the cash value of services rendered by the Company to himself/herself/itself, are
equal to the following minimum amounts. The Client further acknowledges that the following values are not always itemized and charged
the Client, but that such services are always included as a part of the Client's purchase.
The Client acknowledges receipt of those products and/or services listed below which form one or more elements of the service(s) ordered.
Services such paying a flat rate for Leads instead of paying a per-minute fee include but are not limited to all of the following individual
services listed below.
The Client specifically agrees that he/she/it has received all such services upon
completion of the work required and/or other acquisition of such products and/or services by the Company on behalf of the Client. The following
products and services are considered "received" by the Client for the Client's services to which they apply:
• List and Script Consultation subsequent to Client Registration: $65.00 per hour, minimum $65.00 per consultation
• Calling List: $0.005 per name/phone record for each list created
• Custom Script Writing Service: $100.00 per script (includes recording if requested by Client)
• Caller ID Phone Number: $16.00 per month subscription
• New Account Setup (minimum 2 hours of tech support labor required for setup): $130.00
• Pre-Paid Minutes: The stated rate for which the Client qualifies in the amount paid by the Client, if applicable
• Billed Minutes Cost In Lieu Of Delivered Leads: Although the Client agrees to pay a flat fee per Lead when buying Leads, the Client shall be billed at $0.09 per minute or the then-current Basic or Professional Package flat per-minute rate for Staffed Call Center Services for the calls made on behalf of the Client to find Leads for the Client. The Client agrees that this rate shall represent the actual value of the services purchased at any time prior to delivery of all the Leads purchased by the Client. Subsequent to delivery of all Leads purchased, the Parties agree that the actual value of the Leads is the amount paid by the Client.
Because the foregoing services and/or products are completed and thus considered to be "delivered" within hours of receipt of the Client's payment, the Client hereby acknowledges receipt of such products and/or services at the stated value as a part of the total service(s) purchased by the Client from the Company.
Lead Policies.When purchasing GroupCaller™ Leads, the Company agrees to deliver the number of Leads purchased by the Client. The Company sells two classes of Leads: Exclusive and Shared Leads. The Company further certifies that all Exclusive Leads purchased by the Client are exclusive to the the Client and shall not be sold or otherwise delivered to any other Client of the Company, with the exception that from time to time, the Parties agree that Leads may be contacted by other Clients of the Company when such Leads are contained in that other Client's calling list and that Lead may freely respond to the other Client's campaign. When the Client purchases Shared Leads, the Client understands and acknowledges that such Leads are sold to more than one Client up to a maximum mnumber of Clients as cited on the Company's website. As of the date of the last update of these Terms of Service, the Company may sell one Lead to a maximum of four (4) Clients.
Lead Purchase Constitutes Retaining Company's Staffed Call Center Services To Perform Telemarketing On Behalf Of Client. When buying Leads from the Company the Client agrees and acknowledges they are retaining the services of the Company to perform telemarketing services on their behalf. As such, the Client hereby understands and agrees that the Client is purchasing the Company's Staffed Call Center services and paying for such services based on a flat rate per lead as published on the Company's website. Therefore, the product(s) purchased is not one or more Leads. It is the totality of the Staffed Call Center services, which the Parties expect will eventually result in the delivery of one or more Leads. By retaining the Company's Staffed Call Center for such services, the FTC and FCC define the Client as a "Telemarketer" for enforcement purposes under the Telemarketing Sales Rule, the Do Not Call Registry, the Automated Dialing and Announcing Device rules, and other regulations related to this type of service. Under the same FTC/FCC rules, the Company is referred to as a "Service Provider." Among other rules, as a Telemarketer that Client is required to register with the FTC and obtain their own SAN (Subscriber Account Number). The purchase of Leads for a flat rate per lead is one method of paying our Staffed Call Center to render such telemarketing services on behalf of the Client. The Client acknowledges it is the Client's responsibility to know and comply with all rules and regulations promulgated by the FTC and FCC relative to his/her/its telemarketing campaign(s). The Client further acknowledges that he/she/it hereby indemnifies, holds harmless and agrees to defend the Company against any action against it by the FTC, FCC or other government agency pursuant to the Client's violation of any laws, rules or regulations related to the Client's campaign(s).
Proof Of Delivery. The Client hereby certifies that, for the purpose of satisfying delivery requirements of credit and debit card processors, as well as to satisfy the general requirement of delivery under this Agreement, Company has completed delivery when it completes the following for each type of service purchased by the Client:•Leads Purchased: Upon the Company emailing the "New Account Setup and Lead Delivery Notice" and/or the "New Client Account Information" email, or emailing a similar notice containing account access information to the Client, the Client hereby declares that delivery has been completed for purposes of debit and credit card and Paypal transactions. The Client further certifies that the Company is not required to deliver all Leads purchased for this transaction to be considered "completed" for purposes of assuring the Client's or the Company's debit/credit card processor (and Paypal) that the Company has satisfactorily delivered the services purchased by the Client. The Client understands and agrees that the Company has satisfied its requirement for delivery of each Lead Purchase by the Client at the time the Company can demonstrate it has completed the set up of the Client's account. The Client agrees that the Company has earned its fees pursuant to the "Funds Earned When Paid" policy above, whether or not Leads have actually been delivered, as long as the Client has access to the CRM and other areas as granted by the Client's purchase and as long as neither the Company nor the Client has terminated this Agreement and the Client's campaign remains open and active for servicing by the Company's Staff.
Delivery Methods. All Leads purchased by the Client are delivered using one or more of 3 different methods:
1. Live Call Transfer
2. Entry into the Client's CRM
3. Email notification that a Lead has been delivered
In the event the Client is not available to receive a call at the time it is transferred, the Client agrees that the Company has fulfilled its duty to deliver Leads at the time the Company attempted such call transfer. Upon entry into the CRM, the Client agrees that the Company has fulfilled its obligation to deliver the Lead regardless of whether or not the Client was available to receive a live-transfer of that Lead at the time the Lead indicated interest. The Client agrees that it is the Client's sole responsibility to be available at times when the Client's campaign is being conducted if the Client wishes to accept transferred calls. The Client futher agrees to check the CRM for Leads and follow up on such Leads via phone call, email, text message, personal meetings or any other method as determined in the sole judgment of the Client. Both Client and Company agree that Lead delivery has been completed upon entry of the Lead into the Client's GroupCaller™ CRM account and/or with delivery of the Email Notification to the Client by the Company.
Delivery Time Frame To Deliver Purchased Leads. Leads purchased from the
Insurance Leads For Sale
page are available for delivery upon purchase. Such Leads will be delivered no later than 24 hours from the time of purchase; most Leads are delivered
within 4 hours when purchased during business hours of 9 am to 5 pm weekdays; Leads purchased on weekends or holidays will be delivered the following business
day; many of these leads can be delivered within an hour of purchase.
When pre-paying for Leads, the Client acknowledges, understands and agrees that there is no time limit imposed on the Company for delivery of Leads after purchase.
The Client specifically agrees to the following terms and conditions relative to the length of time required for the Company to deliver Leads purcahsed by Client:
1. There is no time limit imposed upon the Company for the delivery of Leads.
2. The Client understands and agrees that many factors outside the control of Company will affect the timing of when Leads are located for the Client. Such factors include but are not limited to (a) whether or not a need exists for the Client's product and/or services among the indivituals in the list used by the Company, (b) the number and percent of human-answered calls after the Company begins calling on the campaign(s), (c) news and/or weather events that adversely impact the response rate (d) changing laws or regulations which may impact the operation of the campaign. and the accuracy of data in the calling list. All calling lists used by the Company contain varying degrees of innaccurate information and disconnected phone numbers. The Company makes no representation regarding the accuracy of any list used for any of the Client's campaigns.
3. Pursuant to the foregoing conditions, the Parties mutually understand and agree that the Company cannot guarantee to deliver Leads purchased by the Client within any specific time frame and accordingly makes no representation to that effect. The Company does commit to continue marketing efforts on behalf of the Client until such time as all pre-paid Leads have been delivered regardless of the length of time required for such delivery.
Valid Lead Policy. All Leads delivered to the Client as described above shall meet the following standards. The Client and the Company agree that when a delivered Lead meets the following standards, each such Lead shall be considered by both parties as a "Valid Lead" and the Lead has been delivered with no further obligation by the Company to the Client for that Lead exists. The Client and the Company agree that upon delivery of each such Valid Lead, the Company has filled its obligation for delivery of Leads purchased by the Client, and/or Leads generated from the Client's Pre-Paid Minutes to retain the services of the Staffed Call Center. Valid Leads are those Leads that meet the following standards:
• Listened to the Client's script as delivered by the Company's agent, in compliance with the Script Policy noted in this TOS document, and
• Verbally agreed to get additional information from the Client, or
• Verbally agreed to a call transfer to speak to the Client, or
• Verbally agreed to be contacted at a later time by the Client.
• Confirmation of the verbal agreements shall be either by recording of the conversation or by written certification from the Phone Agent.
Lead Return & Replacement Policy and Limited Warranty. This Return and Replacement Policy serves as a limited warranty
applied to some Leads purchased from the Company. Leads may be returned and will be replaced free of charge with a new lead under the following conditions:
1. This Return & Replacement Policy applies to all fixed price leads. Leads generated with Staffed Call Center with pre-paid minute plans are replaced up to the maximum cost for a comparable fixed price lead at the lowest rate ($19.00 per lead at the time of publication of this policy, or the then-current price at the time of a free replacement claim.
2. To qualify for free replacement, a Lead must have been purchased at the price stated on the Company's website with no additional discount or special offer applied.
3. After replacement under this policy, the Lead may not be re-contacted by the Client.
4. In the event the Client re-contacts after the Lead was returned and replaced, the Client hereby agrees to pay the full price of the Lead to the Company and further authorizes the Company to charge the full price of the Lead at the then-current price and draft the payment for that Lead to the Client's credit or debit card or other payment method on file with the Company.
5. There is a limit of one (1) free replacement for any Lead purchased. This policy does not apply to Leads received as a free replacement.
6. Leads may be returned and replaced if the following conditions apply:
(a) The recording of the Lead's initial conversation with the Company's phone agent does not contain verbal acknowledgment by the Lead to get an insurance quote,or
(b) The phone number provided for the Lead has been disconnected, or
(c)In the event the Client is unable to talk directly to the Lead after placing 10 calls to the Lead as verified by the Client's phone records. To qualify for a free replacement lead, the Client must submit their detailed phone record showing date, time and length of the call to the Lead's phone number as registered in the CRM by the Company. Further, the Client may not make more than than two calls in a single day to the Lead and must show they have attempted at least 10 calls to the Lead's phone number before giving up. In the event any call(s) was/were answered, that call cannot exceed 1 minute in length or it will be assumed to have been human answered and not a voicemail, answering machine or message being left for the Lead to call back.
If the Lead contradicts their agreement with the Company's phone agent as verified in their recorded message and refuses to get an insurance quote, the follow additional free replacement conditions are required:
•Written certification from the Client stating the exact contradiction of the Lead must be emailed to the Company.
•To receive a free replacement Lead, the Client must purchase an additional Lead at the regular price for each Lead replaced, upon which the Company shall furnish an additional Lead free of charge.
•The Client is limited to replacing no more than 50% of all Leads purchased under this 2-for-1 replacement policy.
•There is no time limit or time requirement stating any particular time frame under which Leads must be replaced when returned by the Client.
If the Lead is a Shared Lead and has purchased insurance from another one of the Company's Clients who purchased the same Lead. It is the Client's responsibility to provide the name of the insurance agent from whom the Lead purchased insurance and provide that name to the Company for verification that the insurance agent selling to the Lead is one of the Company's Clients and also has purchased the same Lead. This Lead Replacement Policy applies only if the Company is currently conducting one or more Lead campaign(s) within the Client's marketing area.
VOICE BROADCAST SERVICES
Voice broadcast is a specialty service of GlobalTmail™. We can deliver pre-recorded messages to telephones in the following two categories:
• Specialty groups who subscribe and request messages from you, or
• FTC-compliant lists from FTC-compliant Clients
Laws have been enacted to which we and all our Clients must comply. For
more information, please study the official FTC website and the
official FCC website.Â You may also wish to consult
a local attorney and/or study your state's laws and regulations pertaining to your
intended use of our services, to ensure your compliance.
Voice broadcast to your own lists who have subscribed and given you specific written permission to deliver
pre-recorded phone messages are exempt from all state and federal regulations because the called party has provided specific
written authorization for you to send such messages. Registered charitable organizations are also exempt from the
prohibitions against sending voice broadcast messages as are political messages from recognized politicians or political
organizations. So if you are sending political messages, your message is generally exempt from the prohibitive regulations
against delivery of pre-recorded messages. Voice Broadcast calls to business phone numbers are also generally exempt from the regulations
prohibiting such calls. Virtually all other pre-recorded messages of a commercial nature are prohibited from being broadcast via
telephone by FTC & FCC regulations, plus state and federal law. You should consult with an attorney for clarification.
GlobalTmail™ USA, LLC and GlobalTmail USA, Inc. are not responsible for the Client's misuse of our system. Any use of
our system which is contrary to federal or state laws or regulations may result in the immediate termination of services. The Client
agrees that any termination due to violation of such laws shall result in forfeiture of any and all funds paid to the Company. The
Company will assist state and/or local authorities in prosecution of those who violate the law through the use of our system.
FTC-COMPLIANT CALLING LISTS & CALLS
On September 1, 2009, the FTC amended the regulations pertaining to the delivery of pre-recorded messages to the telephones of consumers. In general, this acted as a ban on the delivery of pre-recorded voice messages of a commercial nature. Messages from approved charitable organizations and political parties are exempt from this rule and may deliver messages to all phone numbers. However, the charitable organizations and political messages delivered must comply with certain provisions of the regulation as well, including the requirement to provide an automated opt-out option that places the called party's phone number on that organization's internal Do Not Call list, and the requirement to provide a toll-free number with an automated opt-out mechanism whenever a recorded message is left on an answering device or voicemail of the called party.
We provide business to business (B2B) lists for our Clients without charge. Calls to business phone numbers are largely exempt from the FTC rules but not in all states or jurisdictions. It is the Client's responsibility to know and comply with their state's regulations pursuant to calls made on their behalf through our system.
We also provide opt-in consumer lists under which the person providing the phone number has entered into a written agreement to accept pre-recorded messages in compliance with the FTC rules. These lists may be purchased from the company.
Calls made for non-commercial purposes such as announcements, emergency notices, appointment reminders, collection calls, airline schedules, surveys and calls of a non-commercial nature may be made.
GENERAL CLIENT POLICIES
DNC (Do Not Call) COMPLIANCE
You must register with the FTC and obtain your own SAN (Subscriber Account Number) to order voice broadcast services, Hosted Call Center Services, Staffed Call Center services or to buy Leads calls. We can provide the registration service for your SAN at no cost other than the required governmental fees to subscribe to the FTC account for the area codes you wish to call. We will advise you of these fees and you must pay them by adding funds to your account or paying the invoice we deliver to you. Many states have their own regulations with regard to DNC lists that are specific to their state. It is your responsibility to check with your own state government and ensure your compliance with those regulations. We will scrub all voice broadcast lists to remove any numbers on the DNC list prior to starting any dialing campaign at no additional charge.
B2B lists are provided without additional charge for Basic, Enhanced and/or Professional package customers unless we select specific SIC codes or make other demographic selections such as number of employees, annual volume and specific geographical selections in addition to state selections. Pricing of lists and number of free lists to which the Client is entitled is governed by the terms of the Package and/or License which is purchased.
VOICE BROADCAST RULES AND REGULATIONS
GlobalTmail™ may set numerical limits to the amount of transactions a Client may send through our services. The Client agrees to abide by all applicable local, state, federal, national and international laws and regulations and is solely responsible for all acts or omissions that occur under the Client's account, including the content of the Client's transmissions. By way of example, and not as a limitation, the Client agrees not to:
• Use GroupCaller™ in connection with the delivery or transmission of unsolicited messages that would violate FTC rules or State regulations.
• Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
• Impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
• Use GlobalTmail™ to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use GroupCaller™ for any activity that may be considered or are unethical, immoral, or illegal.
• Transmit through GroupCaller™ unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
• Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
• Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
• Violate any U.S. law regarding the transmission of technical data or software exported from the United States through GroupCaller or other GlobalTmail™ services.
• Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to GroupCaller™ or GlobalTmail™, other accounts, computer systems or networks connected to GroupCaller™ or GlobalTmail™, through password mining or any other means.
• Interfere with another Client's use and enjoyment of our services or another entity's use and enjoyment of similar services.
• UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. Subscriber may not use GroupCaller services in a manner that may interfere with other GroupCaller™ Client's use of our services or disproportionately impact our resources. If we determine, at our sole discretion, that the Client's use of GroupCaller™ services is in violation of the Voice Broadcast Terms of Service, or in any other manner that we deem to be unreasonable or excessive, then we may interrupt or terminate the Client's service, decline to renew the Client's service, or offer the user a different service plan. Notwithstanding the foregoing, GlobalTmail™ reserves the right to deny service or cancel existing service to anyone for any reason at any time, at GlobalTmail's sole and absolute discretion.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
The Client shall be fully and solely liable for any prerecorded audio and voice transmissions sent through the GroupCaller™ and fully responsible for compliance with applicable law.
The is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to the Client's use of GroupCaller™ including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to users of GlobalTmail services. The Client agrees not to violate these, or any other federal, state, or local law and represents and warrants that the User will not cause GlobalTmail™ to violate these or other similar laws.
The User understands that the Federal Trade Commission Telemarketing Sales Rule prohibits the transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions. The Federal Trade Commission Telemarketing Sales Rule provides that calls may be permissible provided calls are placed only to consumers who have provided their prior expressed signed written consent directly to the Client to receive such calls. Use of GroupCaller™ for the delivery or transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions not in compliance with applicable law is strictly prohibited. Notwithstanding the language contained in this paragraph calls initiated and placed by the Client specifically to consumers who have provided the Client with their prior expressed signed written consent to receive such calls as provided by the Federal Trade Commission Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall not be deemed prohibited. The User understands that compliance with federal, state and local law is solely the responsibility of the Client.
The Client understands and agrees that if the Client's use of any GlobalTmail™ services includes initiating or receiving telephone calls to or from customers or donors then the Client shall comply with all applicable federal, state and local laws including but not limited to laws pertaining to telemarketing.
The Client is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. §227, the Federal Communications Commission implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission's Telemarketing Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state, or local anti-solicitation laws, and represents and warrants that its use of GroupCaller will not cause GlobalTmail to violate these or other similar laws.
The Client agrees that it is the sole responsibility of the Client to abide by any laws defined by the State or Federal Government in which Services will be applicable. The Client understands and agrees that GlobalTmail™ will not be held responsible for damages to the Cllient or any third party incurred due to the Client's failure to abide by state and/or federal laws and will seek indemnification from Client for damages it sustains from the Client's breach of this provision. Please refer to the Telephone Consumer Protection Act of 1991, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. You may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.govÂ and or refer to the appropriate State Attorney General's office or other applicable offices for rules and or regulations pertaining to your intended application and use of GroupCaller™.
Effect of Partial Invalidity. The invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall remain in full force and effect.
Termination. This Terms of Service Agreement shall be perpetual until terminated under the provisions of this section. The Company may, in
its sole and absolute discretion, terminate this agreement with or without notice to the Client in the event of one or more of the following
actions by the Client:
• Material breach of any of these Terms of Service by the Client.
• Insolvency or declaration of bankruptcy by the Client
• Failure by the Client to pay funds due for services purchased by the Client
• Filing a claim or dispute with his/her/its debit or credit card issuer or Paypal requesting a refund, which is considered by the Parties a material breach of the Company's Refund Policy
In the event of termination due to any of the foregoing causes, the Company may retain any unused funds paid to it by the Client as liquidated damages. The Company may additionally pursue any other remedies at law against the Client it deems necessary in the event of Client's breach of this Terms of Service Agreement. In the event of termination of the Client's account, the Company shall restrict Client from access to any of its password protected areas of its website(s) and is not required to provide any unused services or undelivered Leads.
This Agreement may also be terminated at any time by executing a mutual separate written agreement between the Parties.
The Client may terminate his/her/its Terms of Service agreement with the Company at any time by delivering written notice emailed to the Company and paying a Termination Fee equal to a forfeiture of any and all unused funds for Leads and/or other services paid by the Client. The Client may not terminate this Agreement if he/she/it owes any funds to the Company.
Any unpaid amounts due to the Company by the Client shall survive termination until paid in full. Any unpaid balance due to the Company by the Client shall accrue Interest at the rate of 1.5% monthly on the unpaid balance until paid in full.
Governing Law and Attorney's Fees.This Agreement, and all transactions contemplated by this Agreement, shall be governed by, construed, and enforced in accordance with the laws of the State of Utah. The Courts of Tooele County shall be the proper venue for filing action pursuant to this and other Agreements between the Parties. Upon the entering of judgment of one party against the other, the prevailing party shall be entitled to recover all court costs, attorneys' fees and other expenses of litigation.
Entire Agreement. These Terms of Service, together with the written Policies, Refund Policy, Client Agreement and other written agreements between the Parties contain the complete agreement between the parties and shall supersede all prior agreements concerning the subject matter of this Agreement. The Client hereby certifies that no oral agreement between the parties is recognized as valid or enforceable. Any modifications to these Terms of Service and/or other agreements between the Parties must be executed in writing between the Parties to be considered valid and enforceable. The Client hereby agrees to any modifications posted on the Company's website as valid and sufficient notice of a change to this Agreement. The parties represent and stipulate that neither of them has made any representations except as are specifically set forth in this Agreement and each of the parties acknowledges that they have relied upon their own judgment and independent investigation in entering into this Agreement.