Last Updated June 1, 2023
This Service Agreement (“Agreement”) is duly made between Client, a company located at Client's Address (“Client”), and Transfer Express International, a company with headquarters in New York (“Company”). The Client and the Company are referred to collectively as the (“Parties”) and agree as follows:
We charge Clients a Guaranteed Price for Prime Service.
Based on the availability of our Services, the number of Representatives, amount of work hours for one month's cycle you are in need of, and the volume and complexity of support you are looking for us to provide to your Consumers - we will calculate your custom, unique Guaranteed Price. Fees are calculated on a monthly basis.
2. Deposit & Reservation
A deposit equal to 10% of your Guaranteed Price is required upon signup and it will go toward your total amount. A reservation has been made the moment you pay the deposit.
- Once we receive the 10% Deposit, the Formation Period will begin for your Prime Service.
- Via email, you will officially be notified of when the Service is ready to start.
- Payment of the remaining balance (90%) is due at least one business day prior to the date the Service will begin.
A Subscription is a monthly period in which Services are provided.
Your subscription commences on the date Services begin (“Effective Date”). You hereby agree that you will make future recurring payments one day prior to the Effective Date which will now be considered your official Billing Date (“Billing Date“). All the confirmations will be sent to the email You have provided during the signup payment process, here you will able to view all the important details and information, as well as your subscription status and Billing Date.
The confirmation email also outlines:
Number of Representatives
The total number of professional representatives that a Client will receive. Chosen in advance by the Client.
Type of Support
The type of support that the Client's Consumers will receive from Transfer Express International.
Hours of Operation
Work hours will be solely based on the Client’s needs. An email confirmation will be set as a standard parameter for designated business hours and/or requested hours of support that the Client needs.
This section will cover all the add-ons and/or features that are included for the Client in this subscription.
When you sign up as a Client, at your option, we will host your established telephone number or assign you a forwarding telephone number. We will allow you to port away the telephone number associated with your account if you terminate your subscription provided your account is in good standing and (i) we were hosting your established telephone number, or (ii) the forwarding telephone number was assigned to you more than twenty-one days prior to the port-away date. Transfer Express reserves the right to release or reassign any telephone numbers not ported back within three months after termination of the applicable subscription.
Transfer Express International reserves the right to change our subscription plans and other Services offered to Customers and/or Clients or adjust pricing for our Services or any components thereof in any manner and at any time. We will give you at least 30 days notice prior to any price change or change to your subscription plan.
Either Party may cancel this Agreement by giving the other Party written notice of said cancellation.
This Agreement will be automatically renewed for the same periods of time unless the Client requests to cancel.
Cancelations are effective with the expiration of the then-current subscription period. Requests for cancellation must be received, via email to firstname.lastname@example.org, at least 48 hours before the next billing date.
5. Payments & Billing
For the Prime Services arranged by the Company, the Client is obligated to pay a total amount of Guaranteed Price each Billing Date of the month, via wire transfer, automatic recurring payment, or through a payment portal that can be accessed online via a payment link we provide, to:
TRANSFER EXPRESS INTERNATIONAL
7th Floor, Main Office #220 211 East 43rd Street NY 10017 New York
If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. It is agreed that if payment is not made, service may be discontinued by the Company at any time with or without any further notice to the Client. Such interruption or termination does not relieve the Client of the responsibility for all charges. In addition, if any payment is not received within 2 days after the due date, then we may charge a late fee of $30 and we may assess interest at the rate of 1.3% of the outstanding balance per month (16% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees. Credits, vouchers, coupons, and promotions may not be used to receive Services until unpaid balances, including late fees, are paid. Payments are nonrefundable, and there are no refunds or credits for partially used periods.
The (“Call Center”) is defined as the facility and staff engaged to provide Services to the Client and includes, but is not limited to, telephone answering service representatives, email, chat, and text message service representatives, customer support representatives, supervisory and quality assurance staff, and administrative support management.
The Company will utilize its Call Center facility for the delivery of Services to the Client. The Facility is equipped with telephone systems, computer systems, full-speed internet, and various support and call monitoring tools to be used in the delivery of the Services.
Office Cloud System is INCLUDED.
7. Formation Period
After the client fills in the Remote Control Form which will be sent via separate email (“Form”), Transfer Express will further use that as the training reference.
The Client will receive a confirmation once the Form has been completed. Any necessary training materials to the Company on all versions and aspects of products or services that are unique or specific to the Client’s services will be provided through the options on the Form that Transfer Express will send to you directly. The Company agrees to use said documentation for Service purposes only. The Formation Period (“Formation Period”) of within 21 business days starts on the date on which the Company received the first payment from the Client. The Client will receive a receipt and official booking confirmation email, once the payment is received, and shortly after that a second email confirming that the team is ready to Start. Each time you want to add more representatives, the start period for new representatives will be within 21 business days. You can do so by contacting us directly at email@example.com or by phone at +1 212 970 0050.
8. Training Period
Training will be conducted during the Formation Period. The client will promptly provide Transfer Express with scripted texts using the Remote Control Form that enable the Call Center, Email, and/or Live Chat Specialists to answer questions about the Client’s products and/or services. Transfer Express will train the Call Center’s telephone answering representatives and email/chat/text message representatives to answer questions about the Client’s products and/or services based on the scripted texts provided by the Client. Transfer Express will use reasonable efforts to ensure the Call Center’s telephone answering representatives and email/chat/text message representatives follow the Client’s scripts, directions, and account instructions. The Client recognizes that, in any human encounter, it is not possible to anticipate and prepare for every conceivable question about the Client’s products and/or services that the Call Center’s telephone answering representatives and email/chat/text message representatives may be asked. Therefore, in instances in which the Call Center’s telephone answering representatives and email/chat/text message representatives cannot answer questions raised by the Client’s Consumers, the Call Center’s telephone answering representatives and email/chat/text message representatives will answer with keeping the Client's best interests in mind, furthermore, they will direct their questions to the Client for a more detailed response. The Client is solely responsible for providing more detailed answers to questions asked by the Client’s Consumers that the Call Center’s telephone answering representatives and email/chat/text message representatives cannot answer. Thus, to the extent the Client has not already done so, the Client shall promptly provide appropriate contact email addresses and telephone numbers, which the Call Center may utilize to forward calls and questions that the Call Center’s telephone answering representatives and email/chat/text message representatives cannot answer. The Client will update the appropriate contact information provided to Transfer Express on a regular basis by contacting us directly at firstname.lastname@example.org or by phone at +1 212 970 0050.
9. Methods of Communication & Safety
In accordance with applicable law, you hereby expressly agree that we may contact you at all times via email, phone call, text message, or any other method of communication and that we may use any information that you provide to us, for the purposes of fulfilling our duties under this Agreement as well as customer service purposes, consultations that are provided to you and are actively helping your business grow, system maintenance purposes, billing and collections purposes, survey purposes, and/or returning messages from you or your staff.
Upon signing, up the Client will get the exclusive contact information of the supervisor in charge of the Account (“Account Executive”). Client hereby agrees to the communication only and exclusively with the Transfer Express Account Executive. The Client cannot solely, directly or indirectly, contact the representative(s) without the presence of the Account Executive.
Any and all phone, data, and other communications rates by your communications vendors may apply. You agree that we may disclose any information to comply with applicable law or regulation or with a valid legal process if needed. Safety is our top priority.
10. Client's Obligation, Acts & Omission
Client shall respond promptly to any Transfer Express International request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Transfer Express to perform the Services in accordance with the requirements of this Agreement. If Transfer Express’ performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client or any of its agents, subcontractors, consultants, or employees, including communicating inaccurate or outdated information, Transfer Express shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any claims, costs, charges or losses sustained or incurred by Client in connection therewith.
11. Relationship of the Parties
The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other forms of joint enterprise, employment, or fiduciary relationship between the Parties and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
Client Retains Transfer Express International, Not One Specific Representative.
The Client understands that they are retaining Transfer Express and not one specific representative. Transfer Express reserves the right to assign and delegate all aspects of the representation as Transfer Express, in its sole discretion, deems appropriate. Any person Transfer Express deems appropriate may perform the work, labor, and services in the representation of Client.
12. Data Protection
Transfer Express International will never store any unnecessary data.
Transfer Express will use commercially reasonable efforts to comply with all known applicable laws related to the privacy and security of personal information that is standard in the industry. The Client acknowledges the inherent risks, sensitivity, and unknown consequences related to processing and storing personal information. The Client shall be cautious and vigilant in limiting the personal information that will be processed by Transfer Express to only such personal information necessary to complete Services. Transfer Express will use commercially reasonable efforts guided by top industry standards to secure information related to the Services from the Client or third parties. The Client acknowledges that Transfer Express cannot guarantee the security of information provided to it and Transfer Express is not responsible for a third party’s circumvention of any privacy safeguards or security measures.
13. Confidential Information
All non-public, confidential, or proprietary information of Transfer Express International, including information pertaining to business operations, strategies, pricing, and marketing (collectively, (“Confidential Information”)), which was or is disclosed to Client in connection with the Services or otherwise and whether or not identified as “confidential” is confidential, and shall not be disclosed or used by Client without the prior written consent of Transfer Express International. Confidential information also includes all information about this project and subscription. All details are covered and considered confidential for Your privacy and overall full protection.
14. Mutual Protection Agreement
It is agreed that we shall mutually protect, indemnify, and hold each other harmless from any claim or liability that may be asserted by anyone, in the event of loss, injury, or damages to property or persons, including third parties or entities and persons seeking to be protected even if such loss, injury or damage results or is claimed to have resulted from the Company’s negligence, misconduct, or omission.
15. Disclaimer of Warranties
Transfer Express makes no warranty whatsoever with respect to the Services, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including any (a.) warranty of merchantability; or (b.) warranty of fitness for a particular purpose; or (c.) warranty of title; or (d.) warranty against infringement of intellectual property rights of a third party.
16. Limitation of Liability
In no event shall Transfer Express International be liable to Client or to any third party (including any Client Consumer utilizing the call, email, chat, or text services) for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Transfer Express has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedies of its essential purpose.
Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Transfer Express International for all claims, costs, charges, and losses sustained or incurred by Transfer Express in connection with third-party claims (including claims made by Client’s Consumers utilizing the call, email, chat, and/or text services) arising in connection with the Client’s use of or Transfer Express’ provision of the Services or otherwise.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of this Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Confidential Information, Mutual Protection Agreement, Data Protection, Governing Law, and Severability.
19. Force Majeure
Transfer Express shall not be liable or responsible to Client or be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused or results from acts or circumstances beyond the reasonable control of Transfer Express including but without limitation, acts of God, disease outbreaks, flood, fire, earthquake, explosion, governmental actions, war, civil unrest, national emergency, lock-outs, labor disputes (whether or not relating to either party’s workforce), restraints or delays affecting carriers, inability to obtain supplies, adequate materials, or a telecommunication breakdown, power outage, or other service issues or interruptions.
No waiver by Transfer Express of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Transfer Express International. No failure by Transfer Express to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege by Transfer Express hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. The failure of the Company to enforce the provisions of this agreement, at any time, does not constitute a waiver of any of the provisions or the right of the Company to avail itself of such remedies as it may have for any breach or breaches of such provisions.
21. Governing Law
All matters arising out of or relating to this Agreement or otherwise in connection with the Services are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York. Client and Transfer Express both waive a trial by jury of any or all issues arising in any action or proceeding between the parties hereto or their successors and assigns, under or connected with the Services or this Agreement. All disputes, controversies, or claims arising out of or relating to this Agreement or otherwise in connection with the Services shall be submitted to binding arbitration in the State of New York in accordance with the applicable rules of the American Arbitration Association then in effect.
22. Unlawful Use & Agreement to Non-Hire / Non-Solicit
The Client agrees it will not use or allow any other person to use the service, for any unlawful or fraudulent purpose. The Client will not use or allow any other person to use, any foul or profane language in connection with the service. In using the service, the Client agrees to abide by all applicable terms and conditions, rules, and regulations of the FCC or any other lawful authority, and the Client agrees to abide by all reasonable rules and restrictions imposed by the Company upon its Clients generally.
Client, its affiliates, and/or it's related individuals and corporate entities agree not to solicit nor to hire any Transfer Express International agents, contractors, employees, or former employees without either (a) attaining Transfer Express’ prior written consent, or (b) by paying Transfer Express a buy-out fee equal to the amount determined only by Transfer Express. The foregoing Non-hire / Non-solicitation restriction is in effect for the Term and for Twenty-four (24) months after termination of the Agreement for whatever reason. The Client agrees that it does not have permission to communicate with the representatives, under any circumstances, during or outside work hours. If any Clients need any help or assistance, they agree to contact only their Account Executive.
Client shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Client hereunder.
We work consistently to provide the best service at all times. Transfer Express International's quality performance metrics used for marketing purposes reflect historical averages and are not guarantees of future performance for the Client. Any consultations that we provide will always work towards improving your business.
25. Money Back Guarantee
Money Back Guarantee is 100% valid and it means that we will refund you money back for the billable time or service that you didn't use during the first month period if you have requested to cancel, only if requested before the end of that month. For all accounts that pass the money-back guarantee period, a refund cannot be issued.
26. Your Acceptance & Privilege
27. Entire Agreement
28. Contact Us
You can contact us, directly via email: email@example.com
Transfer Express International