Telemarketing Management

Terms and Conditions

1. Services

AgencyCPR (Consultant) will provide employee management services to the Client monthly. 

Management WILL include:

–       Hiring

–       Training

o   Software

o   Telemarketing tactics

–       Coaching and Monitoring

–       General management activities and oversight

–       Termination/Replacement

Management WILL NOT include:

–       Payroll

–       Activities not related to Telemarketing or Licensing

Workspace Provided

–       Desk

–       Computer

–       Internet

–       Softphone

The scope of management services will be subject to change from time to time as determined by the Consultant as needed to promote increased effectiveness.

The Consultant will also provide briefings, updates, and other forms of communication to keep the Client informed of status of the work and attendance as needed.

The management services will be rendered from the Client’s location(s) located in the greater Las Vegas area and remotely when deemed necessary by the Consultant.  The Consultant will perform the services in a competent and professional manner. The Consultant will comply with applicable laws.   

2. Service Fee Agreement

The Client agrees to pay the Consultant in full prior to management services effective date.  The Client agrees to reimburse the Consultant for miscellaneous-related expenses (not to exceed $50.00 without prior approval) that are incurred within the performance of this agreement.

3. Your Employee

The Client is the Employer of the Telemarketer.  The Client agrees to employ the Telemarketer in accordance with the employment laws of the State of Nevada.  The Client agrees to pay the Telemarketer directly and timely.  The compensation amount will be agreed upon between the Consultant and Client prior to an employee start date.

4. Term and Termination

This agreement will commence the business day after the service fee has been paid and continue monthly with automatically recurring payments. Downtime will occur while hiring/replacing the Telemarketer.  The service fee will continue throughout this downtime.  The client may terminate this agreement at any time upon fourteen (14) days’ notification. The consultant may terminate this agreement at any time without prior notice.  Refunds will not exceed fifty (50%) percent of the monthly service fee. 

5. Employee Capture Fee Agreement

The Client may capture the Telemarketer at any time following the first month.  The Client will pay a Capture Fee equal to two (2) months’ service fee and is in addition to the regular service   fee.  This fee will apply to the Client automatically and immediately if the Consultant determines the Client attempts to circumvent the spirit of this agreement.

6. Confidential Information

Both parties acknowledge that there is an exchange of confidential and proprietary information associated with this agreement. Confidential and proprietary information may include documents, communications, plans, processes, formulations, data, know-how, financial information, techniques, methods, customers, suppliers, partners, patents, trademarks, designs, and other forms of tangible or intangible artifacts owned by the Client. Confidential and proprietary information does not include information within the public domain, information that has been publicly known prior to the execution of this agreement, or information that the Consultant developed independent of any confidential information.  

The Client will not divulge, disseminate, duplicate, publish or otherwise disclose any information without the prior consent of the Consultant. This includes the Client taking all reasonable steps to ensure the staff, vendors, or anyone else that is privy to this information also not divulge, disseminate, duplicate, publish or otherwise disclose any information without the prior consent of the Consultant.  The Consultant will not use any information for purposes other than the performance of services described in this agreement. The Client agrees to not disclose confidential information to the Consultant except to the extent that the Consultant requires this information to fulfill the obligations within this agreement. 

If the Client has any concerns over the sharing of sensitive information and requires additional control measures, the Consultant will establish secured means of information sharing that are mutually agreeable to both parties. These control measures may include restricting who can copy, print, or change documents during the engagement.

7. Indemnification

Notwithstanding other provisions of this agreement, the Client shall indemnify, defend, and hold harmless the Consultant against claims, liabilities, damages, losses, or other obligations which may arise from this agreement.

8. Relationship of Parties

The parties agree that this agreement does not create an employment relationship between the Consultant and the Client. Neither party is, nor shall claim to be, a legal agent, representative, partner, or employee of the other, and neither shall have the right or authority to contract in the name of the other, nor shall it assume or create any obligations, debts, accounts, or liabilities for the other.

9. Role of the Consultant

The Consultant will not make management decisions on behalf of the Client. The role of the Consultant shall be advisory in nature.  The Consultant may act on behalf of the Client from time to time to the extent that the Consultant requires this information to fulfill the obligations within this agreement.  This role will also extend to any third parties that the Consultant may use during the course of the engagement. The Consultant makes no representations as to schedule or promise of hours worked. The Schedule will vary based on Consultant’s availability and other circumstances.

10. Primary Point of Contact

For purposes of this agreement, the primary point of contact of the Consultant is:

AgencyCPR – Berglund Agency, LLC.

Ryan Berglund                                                           

9272 Tamarus St. #130                                             

Las Vegas, NV. 89123

Phone: 702-900-8788                                                

Email: [email protected]                                    

Any notices or other communications will be directed to these primary points of contact by appropriate means which may include email, phone, regular mail or expedited mail.

9. Governing Law

This agreement shall be construed and interpreted in accordance with the laws of the State of Nevada.

10. Entire Agreement

This agreement represents the entire understanding of the parties superseding all prior agreements, understandings and discussions whether conveyed orally or in writing, and there are no other warranties, commitments, understandings, or representations with respect to this agreement.