Terms and Conditions of Service
PRODUCTS AND SERVICES
OFFERED: Custom 900 Number
Now therefore, it
is hereby agreed as follows:
FutureQuest Marketing, Inc. is a telecommunications company offering individuals
and companies with little to no computer programming experience the opportunity
to market a variety of products and services via 900 telephone lines in
exchange for a commission percentage of every minute.
FutureQuest Marketing makes use of it's revenue producing programs, and
completes all necessary programming, maintenance and hosting of client's
900 line/s, 888 line/s and website/s. FutureQuest Marketing charges its
clients a one-time setup fee for Custom 900 number programming and website
development services, that will enable the client to take advantage of
the desired program, without requiring the client to have any computer
1. Setup Time
Upon receipt of Clients Order Form with payment, FutureQuest Marketing
will complete all programming within 10 business days, and will subsequently
forward to Client Notification of 900 Line activation, which will include
all necessary information for Client to begin marketing their telephone
lines and/or website/s. The setup confirmation will be sent to Client
via email and regular postal mail unless instructed otherwise.
2. Performance Disclosure
If the performance of any web servers, or any other equipment which is
integral to the delivery of products and/or services offered by the Clients
900 line/s, and website(s) a should be interrupted or prevented by an
act of god, public enemy, war, riot, storm, earthquake, fire, explosion,
or some other act beyond its control, FutureQuest Marketing shall
be excused from further performance of such obligations, for the period
time reasonably necessary to remedy the effects of the occurrence.
3. Image Rights
The Client is expressly denied the right to embody or use any of FutureQuest
Marketings trade name(s), trade address, logo(s), service mark,
or likeness in any manner without the written consent of FutureQuest Marketing,
4. Notification Disclosures
Any notice required under this Agreement shall be in writing and shall
be effective as of the date received. Such notice may also be delivered
by certified mail, facsimile, or by hand to the party entitled to receive
such notice at the address contained in this agreement or such other address
as the parties may designate. Any unresolved disputes between the parties
shall be litigated in the courts of the State of New York, County of Nassau.
The losing party to any dispute so litigated shall pay to the other party
its attorney fees and costs incurred in connection therewith.
5. Product and Service Liability and Licensing Requirements
The Client, will forever be held free of any and all liability stemming
from customer complaints, product liability, service liability, or any
other claim made by customers that have purchased products and/or services
from the Clients 900 line/s, and web sites. There is no license
required to participate in any of FutureQuest Marketing programs.
FutureQuest Marketing offers its Clients both phone and email support
in order to provide Client with ongoing assistance to market their 900
line/s, and website/s. All support queries will be responded to within
24 hours or sooner.
7. Commission and
The commission rate is as follows: A $1.99 per minute call is paid at
a rate of $1.00 per minute A $2.99 per minute call is paid at a rate
of $1.85 per minute, A $3.99
per minute call is paid at a rate of $2.55 per minute, A $4.99 per minute
call is paid out at a rate of $3.20 per minute. Commissions checks are
sent to on the 25th of the month payable by check for the preceding month's
activity. The 1st payment is sent within 60 days from setup. The minimum
payment is $25 per check. FutureQuest Marketing provides online tracking
so that Client can fully monitor ongoing traffic stats, and commission
performance. 20% of each calendar months gross revenue will be
held for a period of 180 days. Each months reserve amount will
be released on the immediate payout date following the 180 day reserve
the client has no negative commission balance due. The client will be
held financially responsible for the result of any and all chargebacks.
A chargeback occurs when a party declines to pay the charges they were
billed by their local telephone company for calls placed to the clients
1-900 number. Each month the client will receive a statement providing
complete details of any chargeback activity.
8. Setup Cost
Initial one-time setup fee for a Custom 900 line is $799 which may vary
based on the package Client selects at setup time. This one-time
fee is non-refundable. Initial one-time setup fee for website design
service ranges from $199-$329. Website design / setup fees are non-refundable.
9. Maintenance Fee
Client authorizes FutureQuest Marketing or a third party provider to
charge the credit card it has on file or to bill client for maintenance
month on a recurring automatic basis. This charge will be processed in
30 days cycles from the date of purchase. The automatic recurring
authorization will remain in effect until such time Client gives written
notice to cancel by email or regular postal mail. FutureQuest Marketing
may cancel this agreement if the maintenance fee is not paid in a
manner with or without notice.
The Client may cancel their service with FutureQuest Marketing at any
time, but the Client will not receive a refund of any monies paid to FutureQuest
Marketing prior to the date of cancellation. FutureQuest Marketing may
cancel this agreement in the event that the Client commits any of the
following: non-payment of monies due to FutureQuest Marketing, acts of
fraud, including but not limited to false or fraudulent pay per call minutes,
spam abuse, or other any other acts of fraud.
11. Force Majeure Clause
Throughout the term of this Agreement, FutureQuest Marketing will use
their best efforts to maintain the services and the operations of 900
lines, and all web sites, that are operated under the terms of any FutureQuest
Marketing Service Agreements. In no event shall FutureQuest Marketing
or any of its affiliates be held liable for any damages, claims, or losses
to the Client or Information Provider as a result of downtime or termination
of telephone services that arise as the result of unspecified occurrences
and events beyond the control of FutureQuest Marketing. In no event shall
FutureQuest Marketing or any of its affiliates be held liable for payment
of commissions, which are not received by FutureQuest Marketing from the
various companies providing billing and content services that are operated
under the terms of any FutureQuest Marketing Service Agreements.