CRM Soul Mate
It used to be that you took the best solution available on the...
12/18/2006
CRM (Loosely Defined)
You would think Customer Relationship Management should be...
12/15/2006
Clickpoint Software
Agreement for Services
Clickpoint Software ("Clickpoint"), as operator of the Clickpoint website, solicits
and collects consumer lead information ("Leads") and sells that information to Lead
Buyers via Clickpoint's trading platform ("Platform").
Clickpoint also provides lead management, distribution, CRM and website hosting
services as part of the product offering.
Leads may reach the Platform via Clickpoint's on-line form(s), through third-party
lead providers or as voice leads via Clickpoint's verification system. This Agreement
(hereinafter the "Agreement") is made by and agreed to between Clickpoint and you
as a "Lead Buyer", setting forth the terms and conditions for Platform use. LEADS PURCHASED USING THE CLICKPOINT
CHERRY-PICK SYSTEM ARE PURCHASED DIRECTLY THROUGH THE PROVIDER, CLICKPOINT IS NOT
SELLING THE LEADS DIRECTLY AND SIMPLY ACTS AS A CLEARING HOUSE.
ANY AND ALL LEAD ISSUES SHOULD BE DIRECTED TO THE LEAD PROVIDER(S).
User Agreement
The Clickpoint service
is limited to unique user seats. Seats
are for specific named users only and cannot be shared or used by more than one
person at any time or for any reason.
A user seat may be reassigned to new or different users to replace a former user. If a seat is reassigned Clickpoint requires
that the password be changed and provided to the new user, in order to protect against
unauthorized access by previous users.
Clickpoint provides several solutions for lead and lead-sales organizations; each
product must adhere to the terms and conditions outlined herewith, using any part,
portion or combination of services does NOT exclude you from adhereing to this agreement
as outlined below.
Fees
You agree to pay Clickpoint for all charges to your "Account" in
United States
dollars, in accordance with this Agreement including, without limitation, all applicable
taxes, in accordance with billing terms in effect at the time the charges become
payable. You agree that any service or setup fees charged to your Account and/or
any deposit, the value of which will be credited to your Account, is non-refundable.
Charges will be posted to your Account and must be paid pursuant to the terms of
the Payment Plan you select. Further, you agree that you will be charged all amounts
owed under the terms of any bids that you make that are fulfilled (if you are using
the Cherry Pick system). You authorize Clickpoint to charge your credit card, charge
card, debit card or financial institution account (hereinafter "Payment Method")
for all charges to your Account. The terms of your payment will be based on your
Payment Method and may be determined by agreements between you and the financial
institution providing your Payment Method. If Clickpoint does not receive payment
from the provider of your Payment Method, you agree to pay all amounts due on your
Account upon demand, and Clickpoint further reserves the right to either suspend
or terminate your Account with Clickpoint in such circumstances. Suspension or termination
includes but is not limited to, removal of your bids, leads, content, scheduling,
images, hosted files, material or anything hosted by Clickpoint that related to
your account. You must submit any claims
or disputes you may have with respect to any charge to your Account in writing to
Clickpoint within 30 days of such charge otherwise such claim or dispute will be
waived and such charge will be final and not subject to challenge. In the event
of any failure by you to make payment, you will be responsible for all reasonable
expenses (including attorneys fees) incurred by Clickpoint in collecting such amounts.
You represent, warrant and covenant that all information you provide, whether on
behalf of yourself of other third parties, for the purpose of enrolling as a customer
is (or will) be accurate, complete and current at all times and that, in the case
of third party information you provide, that you are duly authorized by such third
parties to provide such information. You agree to promptly update all information
to keep your Account and Payment Method current, complete and accurate (such as
a change in billing address, credit card or debit card number, or expiration date),
and to promptly notify Clickpoint if your payment method is canceled (e.g., for
loss or theft) or if you become aware of a potential breach of security, such as
the unauthorized disclosure or use of your user name or password. Changes to such
information can be made at our web site located at www.Clickpoint.com or
by calling 888-612-2877. If you fail
to provide Clickpoint any of the foregoing information, you agree that Clickpoint
may continue charging your Account for any use of the Platform unless you have terminated
your participation in the Platform as set forth herein.
Client Responsibilities
This agreement for
services applies to all accounts associated and setup on behalf of the Client. The purpose of Clickpoint is to assist
the client in the management and tracking of sales / leads.
This includes but is not limited to maintaining an online storage database
for 3rd-party leads for a time period of 1 year (365 days).
After the 365 days period, the Client is responsible to renew the expired
leads through their data provider(s); otherwise all leads older than 365 days shall
be deleted by the system and unrecoverable.
Clickpoint agrees to maintain and host
all other Client leads so long as the Client is in good standing and has made their
monthly payments.
Client takes responsibility
for all activities, actions and interactions of client user seats and accounts and
will:
-
Take full responsibility
for the user seat(s) associated with the account including but not limited to; data
integrity, accuracy, legality and appropriateness.
And further agrees to comply with all state, federal, or foreign laws that
apply to the system or software.
-
Notify Clickpoint
of any unauthorized access and make every effort possible to prevent unauthorized
access or use of the service.
Client will provide
and bear the cost of the necessary computer equipment, printers, modems, or DSL
connections to the Internet and telephone lines required by the service to transfer
and receive access to our online system.
Client agrees that
they shall not:
-
Sublicense, license,
sell, resell, rent, lease, distribute, assign, timeshare or use in any other way,
other than as outlined in this agreement, the Clickpoint system, features or tools.
-
Spam (send unsolicited
emails) or violate any internet, state or federal marketing, communications or distribution
standards, laws or regulations in any way.
-
Attempt to store,
distribute or transfer in any way, any program, script, code or device used as a
virus, worm, Trojan horse or any other malicious or system (or program) altering
device, whether physical or digital.
-
Store, distribute,
display or infringe upon, any copyright material or any data that may be in violation
of any party’s privacy rights.
-
Store, distribute,
or display any obscene, threatening, defaming, libelous, unlawful or otherwise tasteless
material
-
Attempt to impede,
disrupt or alter the performance of the Clickpoint software, bandwidth, data or
performance in any way.
-
Attempt, sniff or
run vulnerability software or other potentially harmful or malicious means to gain
access to the system or ways of altering the use, display or access of the system.
Service
Clickpoint will use
their best effort to maintain the service(s) availability 24 hours a day, 7 days
a week, but can not be held liable or responsible for downtime due to:
-
Scheduled upgrades;
normally 12:01am – 1:00am PDT or extended downtime on weekends during off-peak hours
(will be noted on the website).
-
Force majeur and
other acts of God, acts of the government, acts of terror, fire, flood, civil unrest,
employee disputes or other unplanned computer, technical or communications software
or hardware replacement, changes, service or repair whether in Clickpoint’s possession
or reasonable control, or managed by a 3rd party.
-
3rd party,
or malicious, hacking, network intrusion, denial of service attacks, worms or other
known or unknown computer, system or program-altering action that may cause performance
issues or downtime.
Clickpoint will use
reasonable efforts to protect customer, order and other data stored and transacted
to, on, through or from the system.
Clickpoint also reserves the right to place a “powered by Clickpoint Software” phrase
and link on every page provided and hosted by Clickpoint Software.
The hyperlink will go to http://www.clickpointsoftware.com.
Web Sites & Hosting
You hereby acknowledge that Clickpoint is not responsible for the content or maintenance
of your Web site(s) (unless you are a hosting customer; then is only responsible
for the content and maintenance as outlined in this agreement), or Web sites owned
or operated by any third party (including, without limitation, other lead buyers
or other third parties on whose behalf you are acting) nor is Clickpoint responsible
for transactions, inquiries or customer service concerning transactions or inquiries
placed on your Web site(s) or Web sites owned or operated by any third party (including,
without limitation, other lead buyers).
You represent, warrant
and covenant that all information you provide, whether on behalf of yourself or
other third parties, in connection with this Agreement and on your Web site is,
and will be updated to remain, current and accurate. You agree that your Web site
does not contain any Clickpoint-owned or licensed content, including, without limitation,
any Clickpoint listings, except pursuant to the content provided by Clickpoint software
or as expressly written in another agreement. You further represent,
covenant and agree that you will not engage in telemarketing activities that are
in violation of applicable federal or state laws or regulations, including, without
limitation, the Federal CAN-SPAM Act, the Do Not Call Implementation Act, the Telemarketing
and Consumer Fraud and Abuse Prevention Act, the Telephone Consumer Protection Act,
or any other applicable state law and the rules thereof. Further, you agree to indemnify
and hold us harmless from any claim resulting from the use of methods in violation
of any such law or regulation by you and your affiliates or by other third parties
on your behalf.
Breakdown of fees
All fees can be found
at:
http://www.clickpointsoftware.com/Pricing.aspx. The pricing posted
is for retail customers only and does NOT apply to affiliate, quantity discounts
or resellers. Prices are subject to
change with 30 days notice. There is
no length of term contract and services can be discontinued at anytime by sending
written notice of termination. All
fees must be paid at time of closing.
At time of Service termination, all files will be permanently deleted from all Clickpoint
Software Database servers.
Billing
Invoices will be
sent to the client before the 5th day of each month for the previous
months leads imported into the database for storage.
Invoices are due 10 days later on the 15th day of the month.
The Clients account
and all sub account will placed on hold if payment is not received when due.
After two months
of being on hold, leads will be deleted from our database and no backup copy will
exist.
A copy of the leads
in your account can be sent to you in csv format if requested prior to the two month
period.
Access to the system
will not be allowed for anybody who is not paid current on his or her account. Past due accounts will incur a 1.5%
per-month, compounded monthly, interest fee for past due amounts.
Limitations of Liability
We respect your privacy. Clickpoint Software will never intentionally
provide your personal or company information to any third party without your consent. Any credit card or sensitive information
will be transferred to us through a secure socket layer.
Although we cannot guarantee total security because the Internet is not inherently
secure, Clickpoint Software has made a best effort in protecting data.
You hereby acknowledge
and agree that Clickpoint Software and its suppliers can not be held liable for
any temporary delay, outages or interruptions of the Services.
Futher, Clickpoint Software shall not be liable for any delay or failure
to perform its obligations under this Agreement, whether by an act of God, force
mejeure or other cause beyond its reasonable control (including, without limitation,
any mechanical, electronic, technical, communications or third-party supplier failure).
Clickpoint can not
guarantee an interface or connectivity to or with any loan origination system or
other service, lead or other provider’s system.
Confidentiality
Clickpoint software
acknowledges that in the course of carrying out its duties under this Agreement
it will acquire access to certain information constituting identities of Client’s
prospects and customers, which is proprietary in nature.
As part of the material consideration for entry by Client’s into this Agreement,
Clickpoint Software agrees that it will not sell the information so obtained to
any third party, nor permit use of such proprietary information by it or it’s staff
members, agents, and employees. It
shall not be deemed a violation of this paragraph if Clickpoint Software inadvertently
or incidentally solicits a result of advertising or marketing efforts of general
application.
In the course of
parties association, each party may have access to confidential information; records,
data and trade secrets relating to their business, product(s), it’s customers, clients,
principals, and its other associates, including the Clickpoint Software support
staff. Such information is secret and
is disclosed to the other in confidence.
The parties will not, without the other’s prior written consent, directly or indirectly
disclose to any third person or use any such confidential information or trade secrets
in violation of this Agreement. Any
associates, corporation, organization, firm, company, trust, or individual of which
the party hereto is a member of, principal of, agent for, employee of, or otherwise,
is bound by this restriction. Any violation
of this paragraph shall constitute “Unfair Business Practices” under the law of
State of
California
.
Lead providers, resellers
and other lead providers only; CLICKPOINT SOFTWARE WILL NOT INTERACT DIRECTLY WITH
ANY OF THE CLIENT’S CUSTOMERS UNLESS THEY CALL CLICKPOINT DIRECTLY, IN REFERENCE
TO CLICKPOINT’S SOFTWARE AND SERVICES. In the event Client’s customer(s) call into
Clickpoint software about Client, they will be provided with contact information
for Client and will not be solicited to or advised by Clickpoint.
Applicable Law
The parties agree
that licensee of the single use license enters into this Agreement in State of
California
, and that payment for the use to market and sale the Clickpoint Software services
will be strictly in the State of
California
. The parties agree that the jurisdiction,
venue and applicable law involved over the persons and subject matter of this Agreement
concerning the interpretation and the resolution of any disputes between the parties
shall be
Orange
County
, State of
California
.
Arbitration
This Agreement and
any controversy or claim arising out of or relating to any part of any provision
of this Agreement, or breach thereof, which is not settled to please the parties
involved shall be finally adjudicated under the Rules of Binding Arbitration of
the American Arbitration Association in Orange County, California, by one Arbitrator
appointed in accordance with the said rules; and judgment upon the award rendered
by the Arbitrator may be entered in any Court having jurisdiction thereof, including
the award to the aggrieved party, it’s successor, heirs and/or assigns for all concerned
shall send the other party a written “ Notice of Controversy” setting forth the
exact nature of the complaint and the facts relied upon.
Agreement to the selection of an Arbitrator must occur within 30 days after
Controversy.” Unless otherwise agreed,
all discovery proceeding shall occur in
Orange County, California
.
Termination
Clickpoint Software
may terminate / transfer or modify this Agreement upon 10 days written notice sent
to Client via Standard U.S. Postal Service mail and/or via internet email at the
Client’s address (or email address) listed on the Agreement for service.
Data stored on our
servers for any account, will only be released to the person designated on the account
or to anyone else that this person authorizes in writing.
Miscellaneous
This
Agreement contains the entire agreement of the parties and there have been no promises,
representations, agreements, warranties or undertakings by either of the parties,
either oral or written, except as stated in this Agreement. This Agreement may only
be altered, amended or modified by an instrument that is agreed to by each party
to this Agreement by verifiable means, including without limitation by written instrument
signed by the parties or through a "click through" acknowledgement of approval.
Notwithstanding the foregoing, Clickpoint shall have the right to change, modify
or amend ("Change") this Agreement, in whole or in part, by notifying you of such
Change, by email, at least 10 days prior to the effective date of such Change; provided
however that either party shall have the right to terminate this Agreement, in the
event that you do not agree to such Change.
Please read these terms and conditions carefully. By enrolling as a subscriber (or
cherry-pick buyer), you agree to be bound by these terms and conditions, and the
terms and conditions of any bid, action, additional service, or other action that
you complete, including all payment terms, (collectively, "Agreement"). In this
Agreement, "you" and "your" refers to the Customer/Subscriber. You agree that any
of your agents, representatives, employees, or any person or entity acting on your
behalf with respect to the use of the Platform, shall be bound by, and shall abide
by, these terms and conditions. You further agree that you are bound by this Agreement
whether you are acting on your own behalf or on behalf of a third party, including
another lead buyer.
IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS
OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.
Clickpoint Software
Contact
Clickpoint Software
6789 Quail Hill Pkwy, Suite 406
Irvine, CA 92603
mail@clickpointsoftware.com
Updated: November 13, 2006