Appointment Service

Terms and Conditions

 

This website and the Products accessible through the website ("Products”) are provided by Kingdom Business Services, LLP dba Kingdom Senior Services  ("KBS”) .  The following terms and conditions ("Terms”) govern your use of the website, the Products purchased through this website and data accessed or downloaded by you ("you”) from the website. The term Product shall include any data accessed through the use of this website. Each purchase from the website shall be considered a separate Product. By accessing, browsing and using this website or the Products, you acknowledge that you have read, understood and agree to be bound by these Terms. In addition, when using particular Products, you shall be subject to any guidelines KBS posts that are applicable to such Products. All such guidelines are hereby incorporated by reference into these Terms.

 

Limited License: Upon payment for the Product (if applicable), KBS hereby grants Customer a nontransferable and nonexclusive license for one User to possess and use the Products in accordance with these Terms. This Website is intended for the sole purpose of locating individual sales appointments. Customer agrees that it is licensing the Product for its end use only and not for resale or redistribution. Customer hereby warrants and agrees not sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce or copy the Product or any portion thereof (or permit any of the foregoing) or disclose any portion of the Product contents to any other party without the prior written consent of KBS. Customer further warrants and agrees not to reverse assemble, reverse compile, or otherwise attempt to create, copy or uncover any source or object code associated or contained within the Product, or otherwise develop, implement, create or deploy any method, system or software which could compete with the Product.

 

Accounts, Passwords and Security: As part of the registration process, Customer will be provided with a username and password. Customer warrants that it will not permit anyone else access or use of the Product. Customer is entirely responsible for maintaining the security and confidentiality of its account and password(s). Customer shall be responsible for any and all charges incurred by persons accessing its account and for any use of the Product by any User. Customer agrees to notify KBS immediately of any unauthorized use of its account or any other breach of security. KBS will not be liable for any loss that Customer may incur as a result of someone else using Customer’s password or account, either with or without Customer’s knowledge.

 

Exclusive limited warranty and limitation of liability: KBS does not guarantee any number or quality of appointment.  All appointments are based on a telephone conversation where the information KBS receives is not guaranteed to be true, therefore, we are unable to provide any warranty.  The conversations with prospects are recorded for quality purposes and are available within the three day dispute timeframe. ABSOLUTELY NO REFUNDS.  KBS believes that it has compiled and developed high value information and appointment setting service, however, the Product is provided on an "as is” basis. KBS does warrant that the appointment made on behalf of the Customer complies with the criteria defined in the Customer Script.  Unless otherwise specified, replacement appointments will be provided in the event that prospect 1) was not presented with the qualifying questions as defined in the script or 2)did not answer positively to a qualifying questions as defined in the script.  Customer agrees and acknowledges that KBS shall not be liable for any loss or injury caused in whole or in part by contingencies beyond its control. KBS warrants that all data that Customer receives from the Products was prepared in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances ("Laws”) , including but not limited to those concerning privacy, telephone solicitation, fax broadcast, e-mail transmission, direct marketing, and employment. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, KBS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND ALL SUCH WARRANTIES, KBS HEREBY OFFERS THE FOLLOWING LIMITED WARRANTY: CUSTOMER SHALL HAVE 3 DAYS AFTER RECEIPT OF THE PRODUCT, TO INSPECT IT AND NOTIFY KBS OF ANY PROBLEMS OR MISTAKES. If KBS has made a material mistake, then KBS will correct the mistake at no additional charge. If Customer does not notify KBS within 3 days of his, her or its receipt of the Product of a problem or mistake, Customer then accepts the Product "as is.” After the 3-day period has elapsed, KBS shall have no liability whatsoever to the Customer. In the event that KBS does not arrange appointments for Customer in an accepted order, KBS will attempt to arrange the missed appointments using the revised availability schedule provided by the Customer.  In no event shall KBS’s entire liability exceed the total amount paid by Customer to KBS for the affected Product.

 

Reporting an Appointment for Replacement

 

            Take the following actions to report an appointment for replacement considerations:

1)   Confirm that the appointment meets the replacement criteria by reviewing the Terms and Conditions.  Please note the Terms and Conditions require that appointments that are replacement candidates must be reported within 3 days of the appointment.

2)   Update the Status of the Appointment to Invalid Reported following the procedure to update appointment information.  Enter your reasons for replacement in the comments on the appointment.  The instructions for updating the Status of the Appointment can be found in the User Guide.  You may view the User Guide by clicking on Help from any page of the Appointment Management System.

3)   Customer Service will retrieve the Invalid Reported appointments each day.  A Customer Service Representative will take the following actions:

a.   Confirm that the Invalid Reported Appointment meets the replacement criteria

b.   Conduct a follow-up call to the prospect to determine the circumstances that lead to the invalid appointment. 

c.   Update the status of the appointment to Invalid confirmed and issue a credit to the account for the Invalid Appointment.

d.   Provide coaching feedback to the appointment specialist that arranged the appointment.

e.   Send an email to the account administrator to confirm the findings of the investigation.

 

Customer responsibilities: Customer agrees and warrants that all data that Customer receives from the Products, KBS, or any subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances ("Laws”). Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any such Laws. Customer shall be solely responsible for the use of the Product and data. Customer shall indemnify and hold harmless KBS, and any subsidiary corporations, against any loss, liability, damage, cost or expense, including reasonable attorneys’ fees, suffered or incurred by KBS, and/or any subsidiary corporation, arising out of or in any way related to Customer’s use of the Product or the violation of these Terms.  Customer may only update their appointment schedule requests three business days in the future and beyond.  Customer is responsible for the accuracy and correctness of the telemarketing script used on their behalf.  KBS will us the default telemarketing script unless Customer specifically notifies KBS with updates by faxing script revisions to KBS.   

 

Choice of law, forum, and jurisdiction: These Terms and any disputes arising hereunder or otherwise related to the sale and/or use of the Product, or any portion thereof, shall be governed by the internal laws of the State of Georgia, without regard to any conflicts of law principles. Both KBS and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of these Terms shall be commenced only in the state or federal courts located within Thomas County, Georgia both parties consents to the exclusive jurisdiction of such courts.

 

Payment: Customer agrees to pay KBS a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. Payments may be made at the time of purchase or weekly (both billed in advance) as mutually agreed upon for the relevant Product.. After which, and on each subsequent annual anniversary of the date of the subscription, it shall continue..

 

Recurring Billing: Customer’s acceptance of these Terms constitutes its authorization for KBS to automatically charge the credit/debit card provided by Customer, and, in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. Customer agrees to provide KBS with complete and accurate billing and contact information, including: name, street address, e-mail address, and name and telephone number of authorized billing contact. Customer agrees to provide KBS with updated information within 30 days of any change to billing information. If billing information is determined to be fraudulent, KBS may immediately terminate Customer’s access to the website and the relevant Product, and it reserves the right to pursue any and all legal remedies. If Customer’s payment is declined, KBS may restrict Customer’s ability to use the payment method that was declined. Failure of the recurring payment process does not absolve Customer’s payment obligations.

 

Cost of collection and enforcement: In the case of subscription products, if at any time Customer has failed to pay two or more scheduled payments, Customer will be in default and the full balance of the subscription, including but not limited to all anticipated monthly payments, shall immediately become due and payable. All past due payments, including any payment that have been accelerated pursuant to this paragraph, shall incur interest at the rate of one and one-half percent (1.5%) per month. Customer agrees to reimburse KBS for all costs and expenses, including but not limited to, reasonable attorney fees and costs of collection, incurred by KBS in connection with the enforcement of these Terms or any provision hereof.

 

Modification of terms: These Terms represent the entire understanding of the parties relating to the use of the website and prevail over any prior or contemporaneous, conflicting or additional communications. KBS reserves the right to modify these Terms or its policies relating to the Product at any time, effective upon posting of an updated version of these Terms on the website for the Product. Customer is responsible for regularly reviewing the Terms. Continued use of the Product after any such changes shall constitute Customer’s consent to such changes.

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