- a) For the purposes of these General Terms and Conditions, the following words shall have the meanings assigned to them below:
- Allbound Marketing Plan: Customized marketing plan developed during the discovery process by Vendor that details the marketing approach and strategies Vendor will use on Client’s campaign.
- Appointment:(Call-to-Action) – Call-to-Action: An approved authority (appropriate person responsible for evaluating and/or purchasing the Client’s solution) has a general understanding of Client offerings. Prospect’s interest or pain or need is gathered by Vendor’s Inside Sales Representative and confirmed by Vendor’s Quality Control team; prospect confirms an agreeable date and time for a meeting.
iii. Delivered Appointment: This is defined as a SAL (Sales Accepted Lead) or SQL (Sales Qualified Lead) that was delivered to Client and is considered billable. This consists of Appointments completed as well as upcoming Appointments for the purpose of determining where Vendor is in the deliverable.
- Appointment Format:The SOW will specify the format of Appointments to be scheduled and may include but is not limited to in-person, teleconference, and web meeting.
- Assumed Completed:Any Appointment that is outside of the 3 day requested feedback timeframe, and is assumed to have completed as scheduled and was qualified. Vendor will continue to try to gather Appointment results feedback, but Appointment considered part of the final deliverable.
- Appointment Upcoming:Appointment is scheduled for a future date.
vii. Change Order: Any changes to the SOW or this General Terms and Conditions which are in writing and must be approved by both Vendor and the Client. Changes include but not limited to Marketing Criteria, database, pricing, quantity, quality, refunds, timing, payment terms, etc.
viii. Client Production Report: Weekly reporting sent to Client which serves as a running ledger of all Appointments generated by Vendor and all feedback from Appointments received from Client’s sales representatives.
- Closed / Won:A SQL converted into a signed contract for Client.
- Courtesy Reschedule:Typically indicates that Vendor was notified outside of 3-day window of a needed reschedule, Appointment has been previously rescheduled, Client calendar update errors, or Client did not attend an Appointment as scheduled.
- Database:The prospect list built by Vendor or provided by Client that will be used for marketing during campaign. Client has the option to provide a Do Not Call list, and all other remaining prospect records meeting the campaign target Market Criteria will be considered approved for marketing. Vendor has a very established database consisting of social media profile data, decision maker contact info, and a dedicated team who conducts ongoing phone contact validation to ensure accuracy.
xii. Delivered Appointment: A scheduled Appointment. The Appointment’s criteria matches the criteria specified in the Post Discovery Authorization form and SOW. A scheduled upcoming Appointment or an Appointments that is completed.
xiii. Delivered Lead: A Warm Handoff Lead that was validated by Vendor and sent to Client.
xiv. Launch Date: The completion of the Discovery period and the beginning of the Marketing Activity. This date will be set and agreed upon in writing prior to launch of Marketing Activity.
- Lead:(Call-to-Action) – An approved authority (appropriate person responsible for evaluating, influencing, and/or purchasing the Client’s solution) has a general understanding of Client’s offerings. The Prospect expressed interest and agreed to receive more information and to be contacted by the Client’s representative. The Business Intelligence Questions were asked and reported for Client’s representative to use on a follow-up call.
xvi. Marketing Activity: Depending on the stage of the campaign and marketing channels being marketed, activity may include outbound cold calls, outbound call surveys, email marketing, content marketing, inbound lead conversion, lead scoring, lead generation and Appointment scheduling.
xvii. Marketing Criteria: Filters specified in the SOW and PDA which will be applied to the marketing list to create the Prospect Database.
xviii. Marketing Days: Days that the Vendor is actively marketing on Client’s behalf. In the event of a “Force Majeure Event” defined as extreme weather conditions, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions beyond the reasonable of control of a party will not be considered marketing days.
xix. Pilot Program: An abbreviated campaign designed to provide a proof-of-concept to the Client usually consisting of 100 marketing days.
xxi. Prospect: an entity that meets the marketing criteria as specified in the SOW.
xxii. ProspectID (PID): Two tiered marketing approach whereby prospects first go through a phone screen by Vendor, and then are sent information about the Client. After nurturing, the Vendor then re-engages the Prospect to identify if they have need or interest that would warrant a sales Appointment.
xxiii. Prospect Database: A list created after utilizing the Marketing Criteria. The list to be created will target individuals believed to have the role and responsibility to evaluate, influence, or purchase the Client’s product/solution for their business.
xxiv. Prospect Interest: A Prospect who wants to learn more about the Client’s product/solution.
xxv. Sales Qualified Lead (SQL): Universally accepted language to describe a Qualified Appointment. This designation will be used in the Client Production Report to indicate Appointments that have had a successful initial meeting with the expectation of advancement to next stage.
xxvi. Sales Accepted Lead (SAL): Universally Accepted language to describe a Qualified Appointment. This designation will be used in the Client Production Report to indicate Appointments that are considered qualified for the purpose of the SOW, but will not be immediately advance to the next stage of the sales process. These SAL’s will continue to be nurtured by Client.
xxvii. Statement Of Work (SOW): An outline of the Client’s production plan, marketing criteria, pricing and payment plan.
- a) These General Terms and Conditions shall apply to all SOWs, amendments to SOWs, PDAs and change orders related to SOW.
b) Based on information discovered during the implementation process there may be mutual negotiation of the contract.
3) Appointment Quality Guarantee
- a) An Appointment is a prescreened opportunity that meets the approved marketing criteria. Vendor’s personnel will not attend the Appointment. Vendor provides no assurance that Client’s sales representative will be able to make a sale. Vendor is not responsible for the effectiveness of the Client’s sales process, receptiveness of the market to Client’s offering, and proficiency of the Client’s sales representatives.
b) This Program’s criterion is designed to generate Appointments with Prospects with “authority & interest or pain or need”.
c) Prospect’s unwillingness to purchase or consider further is not an indicator of the quality or billable status of the Appointment or lead.
d) BANT qualifications.
- i) Guaranteed:
(a) Authority – defined as person able to make decision or influence decision within organization, and
(b) Interest – defined as confirmation of prospect’s expressed interest.
- ii) Not Guaranteed:
(a) Budget, and
iii) For purposes of qualifying, production counts and billing, a Prospect’s “authority & interest or pain or need” in the Client’s offerings will become validated upon him/her agreeing to meet with Client’s sales representative.
- e) The Marketing Criteria and Appointment format are guaranteed.
4) Appointment Scheduling
- a) Client will provide Vendor its calendar openings and schedule changes. Vendor will schedule Appointments to accommodate the Client’s reasonable schedule.
- i) Reschedule Pending – Prospect Initiated: This describes Appointments that are in the process of being rescheduled based on Prospect related reasons. This is typically but not exclusively situations where the Prospect has meetings conflicting, additional priorities that surfaced and took precedent over this meeting time, or simple oversight of the calendared time. These will be reflected as SAL on the Client Production Report upon receiving two Written Confirmations, via email or a calendar notification acceptance, from Prospect as this indicates an interest and desire to have a meeting pending the logistics of calendar availability or additional priorities coming to completion within the Prospect organization. Additional factors might be causing the reschedules, and Client and Vendor will determine which party will continue to follow-up with the Prospect until meeting is attended.
ii) Reschedule Pending – Client Initiated: This describes Appointments that are pending reschedule based upon Client related reasons. This is typically, but not exclusively, situations where the Client’s calendar did not accurately reflect their availability, a conflict arose and the Client requested appointment be rescheduled; or the Client missed the meeting by failing to contact Prospect at the scheduled time. These will be reflected as SAL on Client Production Report, and Vendor will continue to follow up with the prospect to attempt to reschedule the meeting unless Client indicates they would prefer to handle.
iii) Reschedule Pending – Courtesy: This describes situations where a meeting did not take place, but Vendor was not notified within the proper timeframe or format. These will be reflected as SAL on Client Production Report, and Vendor will continue to follow up with the prospect in an attempt to reschedule the meeting unless Client indicates they would prefer to handle.
iv) Prospect Declined: This describes Appointments where the Prospect has declined the meeting during the Vendor Confirmation process and does not desire to reschedule at this time. These will be reflected as MQL on Client Production Report, and are not considered as billable appointment deliverables.
5) Return (Appointment Rejection) Policy
- a) Client may return an Appointment (“Return”). An Appointment must meet all of the following to be eligible to be returned:
- i) Quality Response Survey (“QRS”) for the Appointment must be completed by Client, or;
ii) Client may submit the completed QRS by email to email@example.com.
iii) The completed QRS must be submitted to Vendor within 3 business days of the Appointment. Appointments cannot be removed from Delivered if filed after 3 business days.
iv) Verbal feedback or “custom spreadsheets” are not acceptable for the purposes of reporting the results of or disputing an Appointment.
v) Did not meet the marketing criteria (Client must provide Vendor with thorough notes indicating specifically why the opportunity did not meet the Marketing Criteria).
vi) Prospect did not attend the scheduled Appointment.
- b) All scheduled Appointments including rescheduled Appointments will not be able to be returned unless eligible. All Appointments not returned will be considered SALs and will count towards the deliverable.
6) Dispute Resolution Process
- Vendor will review each returned opportunity in detail through a closed-loop feedback process completed by the Vendor Quality Assurance team. The goal of the closed-loop process is to determine if the opportunity meets the qualification criteria established in the SOW and ascertain if there is a need for further action.
- The closed-loop feedback process includes, but is not limited to:
- i) Complete review of the original opportunity write-up and call notes by Vendor;
ii) Review of the timing and method of the Client follow-up;
iii) Review all feedback provided by the Client.
- If necessary, calling the prospect to re-engage and re-qualify the opportunity. If Client is attempting to reject an Appointment based on information that conflicts with what was gathered during the Appointment generation process, Vendor will conduct a post Appointment quality survey with Prospect to help determine the deliverable status of the Appointment. All requested replacements/disputes will be reviewed and answered within 72 hours of receipt by Vendor.
- If the Vendor’s quality assurance process determines that the opportunity did not meet the Marketing Criteria established in the SOW, then the opportunity will be replaced.
- If the Vendor Quality Assurance process determines that the opportunity did meet the Marketing Criteria established in the SOW, then the Client Production Report will indicate that the Appointment is in the pipeline category of “Qualified – Not Advancing”.
- Please note that the account manager assigned to the campaign will have no ability to reverse these decisions and they will be made solely on the feedback provided.
- If it is determined by Vendor that false or misleading Appointment result feedback was provided by Client, Vendor reserves the right to void all replacements and reschedule support for the SOW.
7) Marketing List
- a) Vendor’s offering is a performance based deliverable, therefore the quality of the marketing database (Prospect/contact list) is of upmost importance. If Client elects to provide the program’s marketing database and requires Appointments to be delivered exclusively from their database, the list must pass Vendor’s data validation process for quality, formatting, and accuracy. Each contact must include first name, last name, title, email or URL, phone, company, address, revenue or employee count and SIC or industry category. If this information is not available, Vendor will provide a quote for Client consideration to append the database with the missing information. If Client provides this information, the list will be sent through Vendor’s Data Validation process and must achieve accuracy requirements of >90% otherwise the database will not be approved for use in this Program. Custom criteria marketing databases are also available for a cost-per-contact fee basis.
b) Firmographics, such as company size and revenue, are typically derived from tax filings and other public documents, particularly for privately-held companies. This information can also be inferred based on the type of titles at a location, the company’s main industry, and other averages derived from census surveys. Unfortunately, there is not any data source that is 100% accurate but Vendor selects providers believed to use best practices to try to obtain listings with reduced errors. Vendor will use these third-party firmographic elements as a guide to narrowing a pool of prospects to best fit Client’s target market requirements. However, if the Client adds the requirement that those elements must be validated during the call for all qualified Leads/Appointments, an additional fee will be applied to the cost per Appointment/Lead. In this event, the Vendor will present Client the fee adjustment via an Addendum to this Agreement.
- a) The Initial payment must be received prior to the first discovery meeting. Vendor may pause or suspend providing services if any payment is not received on or before 7 days from its due date (“past due payment”) and may consider it a breach of the Terms of Service once payment is 30 days past due. A suspension of services due to a past due payment or a Client request to pause the program for any reason will not affect the scheduled due date of any current or future payments. Client understands that some Appointments may not have been attended while others may require rescheduling, replacement, etc. as of the due dates of payments and will not affect the scheduled due date of payments.
b) Any past due payments of more than 14 days will result in the automatic removal of any incentives or promo offered as part of SOW or an Addendum to the SOW.
c) In the event Client causes this program to be paused or suspended for any reason for more than 7 days, Client will incur a penalty equivalent to the value of five (5) Appointments to be deducted from the remaining deliverable.
d) The payment schedule is subject to Vendor’s review and approval of Client’s credit.
e) The scheduled due date of payments will not be affected by:
- i) Vendor acceptance of a payment after its due date.
ii) A Suspension or pause of services due to a past due payment.
iii) Client’s request to pause the program for any reason.
iv) Appointments that have been scheduled but not attended.
v) Appointments that are being rescheduled or replaced.
9) Payments in USD
- a) All amounts payable to Vendor by Client shall be in US dollars.
b) Client agrees to maintain a credit card on file with Vendor when monthly payment terms are in the SOW.
10) Delivery Period
- a) The period of marketing days stated in the SOW.
- a) Vendor may pause or suspend services if any payment is past due. A payment not received within 30 days of due date is considered a breach of the SOW. This would also void any replacement guarantees, refunds, or additional Appointments due the Client.
b) In the event this program is paused or suspended for more than 7 days for any reason, Client will incur a restart fee equivalent to the value of 5 Appointments to be assessed against the balance of undelivered Appointments.
c) In the event of a suspension of marketing activity for any reason, suspension days do not count towards the contractual number of marketing days. At the point of restarting the marketing activities, the timeframe will be extended 2 days for every 1 day of suspension.
d) The number of days that an invoice is past due will not be counted as marketing days for the purpose of tracking campaign delivery timeframe.
e) Any Client requested suspensions of more than 30 days in length may result in the SOW being considered in breach. In this event, the Client would forfeit any remaining deliverables, replacement guarantees, or refund amounts.
Client and Vendor value the relationship between them and agree that in the event of any dispute under this Agreement they will attempt to resolve the dispute by negotiation. In the event of a dispute, prior to pursuing a remedy under binding arbitration as set forth herein, either party may notify the other party of the dispute, setting forth in reasonable detail the issues involved. For a period of thirty days after such notice is given, the parties agree in good faith to attempt to resolve the dispute through negotiation. Such efforts shall include, at a minimum, two meetings via teleconference or video phone between a representative of Vendor and a representative of Client having full authority to resolve the dispute. Either party may bring their attorney to any such meeting, if notice of that intent has been given to the other party at least five days prior to the meeting. In the event that the parties are unable to resolve the dispute during such thirty-day period, either party may seek resolution of the dispute by binding arbitration in accordance with the commercial rules then in effect of the American Arbitration Association. The place of arbitration shall be in Harris County, Texas USA. Each party shall select one arbitrator and the two arbitrators so selected shall select the third arbitrator. The arbitration decision and award shall be binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
13) Modification to Terms
The Sales Staff, LLC reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.