In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client”, and the party who will be providing the services, Happy Customer Service, shall be referred to as the “Contractor”.
CUSTOMER SERVICE REPRESENTATIVE:
The Contractor will utilize the services of Customer Service reps. All Customer Service reps hired by the Contractor to assist in performing the tasks and duties shall be the responsibility of the Contractor unless specifically indicated otherwise in an agreement signed by all parties.
DESCRIPTION OF SERVICES:
Contractor will provide Customer Service Reps’s that will provide the following services that may include but are not limited to:
- Email Customer Service
- Chat Customer Service
- Phone Customer Service
- Social Media Customer Service
- Call back services
- Market research
- Feedback Phone Surveys
- Lead Generation
- Internet Research
- Data entry
Other reasonable administrative duties that may arise
Services may vary depending on Client’s needs and Customer Service reps abilities.
- Client agrees to give detailed instructions to Customer Service reps to complete each task.
- Client understands that some tasks may be outside of Customer Service reps abilities.
- Customer Service reps will work a maximum of 160 hours per month to execute services, as delegated by Client.
Client shall have 90 days to use the purchased hours.
Contractor will provide Client a 60-day trial period beginning on the date of this agreement (the Trial), in which Client may have the option to cancel and receive a refund on the unused hours.
Refunds will be processed within 15 days of written notice.
PAYMENT FOR SERVICES:
Client shall pay Contractor the dollar amount associated with the chosen bucket of hours (starter, light, expert, per-task, full time.)
These installments will be due upfront for every bucket of hours and will begin on the date of this Agreement.
All used hours are non-refundable.
The Client will be responsible for any extra expenses or subscriptions that may be needed for Customer Service reps to complete the Clients tasks.
No amount of unused hours after ninety (90) days of Customer Service Reps services will rollover or be used in any following Terms
Client or Contractor may not unless approved by the other party, terminate this agreement before the end of Term.
If Client fails to purchase additional hours without coming to an additional agreement with Contractor, Client will be deemed as breaching this agreement the contractor will stop work at the end of the current bucket of hours.
If Client breaches this Agreement, Contractor has the right to send the remaining debt balance (if any) to a collections agency, whose fees will be added onto the remaining debt balance.
In the event of either party committing a crime, this agreement is deemed terminated immediately.
RELATIONSHIP OF PARTIES:
It is understood by the parties that Contractor is an independent contractor. Client shall not be responsible for withholding taxes with respect to Contractor’s compensation hereunder additionally, Client is not responsible for Contractor’s vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Contractor and Customer Service reps will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor and Customer Service reps, or divulge, disclose, or communicate in any manner, any information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this agreement. Upon termination of this agreement, Contractor and Customer Service reps will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Contractor and Customer Service reps during the term of this Agreement.
WARRANTIES & INDEMNIFICATION:
Both parties warrant and represent that they are under no disability, restriction or prohibition, whether contractual or otherwise, with respect to their right to execute this Agreement and perform its terms and conditions.
Each party agrees to and does hereby indemnify, save and hold the other party harmless from any and all loss and damage (including reasonable attorneys’ʹ fees) arising out of, connected with or as a result of any inconsistency with, failure of, or breach by either party of any warranty, representation, agreement, promise, undertaking or covenant contained in this Agreement
In the event that Contractor or Client is forced to obtain an attorney to enforce the terms of this Agreement, that party shall be entitled to recover from attorney’s fees incurred in such action.
Client acknowledges that Customer Service reps providing services to Client from Happy Customer Service are or may be subject to agreement prohibiting Happy Customer Service personnel from working, directly, or indirectly, for Client while employed by Happy Customer Service, Or in the event that Happy Customer Service ceases or terminates their working relationship with Happy Customer Service.
Accordingly, Client agrees not to hire or otherwise permit services to be provided to Client by any past or present Happy Customer Service personnel, directly or indirectly, during the term of their employment or theater for twelve (12) months from the date that the Client terminates their relationship with Happy Customer Service.
It is acknowledged that if Client/financially Responsible Party breaches this obligation, Happy Customer Service will suffer great and irreparable injury in amounts difficult to ascertain. Therefore Company shall be entitled to enforce the terms of this provision by filing for temporary and permanent injunction and addition to any action for the recovery of damages sustained by Company.