Terms and Conditions

Read This Terms of Use Agreement Before Accessing this Website.

Effective Date: This Terms of Use Agreement was last update on January 1, 2015.

This Terms Of Use Agreement sets forth the standards of use of the Kore Contact Center Services. By using the Kore Contact Center services you (the "Member") agree to these terms and conditions and consent to the use and disclosure of your personally identifiable information and other practices described in our privacy policy statement. If you do not agree to the terms and conditions of this agreement and the privacy policy statement, you should immediately cease all usage of the service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the korecontactcenter.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Master Servicing Agreement

This Servicing Agreement defines the terms and conditions between the Seller, under the brand name Kore Contact Center, L.L.C., a Georgia limited liability company with a principal place of business in Suwanee, Georgia (“Servicer”) and Customer referenced in the Service Order as Client (“Client”). WHEREAS, in the ordinary course of its business Client needs to fulfill various call center related services; and WHEREAS, Client desires to hire Servicer to assist in the fulfillment of certain services; and WHEREAS, Servicer is willing to assist Client as a partner in the servicing of certain of its brands on the terms and conditions contained herein; NOW, THEREFORE, the parties agree as follows:

Section 1. Duties of Client. Client shall:

(a) Provide Servicer with either an electronic file or remote access to a computer system containing all relevant information relating to each of Client’s accounts identified from time to time by Client as being “in need of fulfillment” (such accounts are referred to herein as “live”), including without limitation the borrower’s name, address, telephone number, and any notes or other information relevant to the fulfillment need;

(b) Provide Servicer with clearly stated objectives for each project, including all applicable policies and procedures, approved scripts and comprehensive training for each servicing project, along with a Client point of contact for any questions or escalations;

(c) Provide Servicer with forty-five (45) days notice to ramp up additional agents and remit to Servicer the fees described in Section 4 on or before the 1st day of each month without proration;

Section 2. Duties of Servicer. Servicer shall:

(a) Follow the policies and procedures as outlined in Client’s Procedures Manual and adhere to the fulfillment objectives of each project;

(b) Deliver turnkey remote Agents and one Supervisor for every ten (10) Agents, including fully equipped workstations (“Seats”) in order to meet stated objectives for each project facilitated out of its call center located in Montego Bay, Jamaica;

(c) Ensure that all agents are properly trained, treated fairly and paid adequate wages, including overtime at time and a half, paid time off for ten (10) vacation days and ten (10) sick days as required by Jamaican law.

Section 3. Fulfillment Process. Servicer will address the projects listed below in the following manner:

(a) Project A. TBD and incorporated herein as Exhibit A

(b) Project B. TBD and incorporated herein as Exhibit B

(c) In the event that any telephone conversation must be “escalated” to a Manager or Supervisor, Servicers in-house Supervisor/Manager will handle the call. If further escalation is necessary the call will be forwarded to Client’s call center Manager.

Section 4. Fees. Client shall pay Servicer a fee of:

(a) Amounts described in the Service Order in USD

(b) The Initial Term shall include the quantity of FTE’s described in the Service Order

(c) Client will pay all invoices upon receipt. A one month deposit, plus the first month of the initial term and any subsequent increase of agents are due in advance by either bank wire transfer or credit card payment on or before the 1st of each calendar month without proration. All fees are fully earned when due and non-refundable when paid.

(d) This fee will be calculated each calendar month on the basis of a 174-hour month per Seat without proration. Any approved overtime hours will be invoiced as incurred.

Section 5. Mutual non-disclosure.

(a) Recipient will maintain the secrecy of the Confidential Information (as defined below) furnished to it by Discloser, by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication or the Confidential Information as Recipient uses to protect its own confidential proprietary information of a similar nature.

(b) Recipient will not disclose or permit the disclosure of the Confidential Information to any person, except to Recipient’s corporate parents, subsidiaries, affiliates, officers, directors, employees, consultants, attorneys or accountants (collectively, "Recipient Related Parties") but only on a need-to-know basis where such Recipient Related Parties shall agree in writing to maintain the confidentiality of the Confidential Information as set forth in this Agreement. Recipient will be responsible for any breach of confidentiality or any misuse of the Confidential Information by any Recipient Related Parties or any other party to whom Recipient discloses the Confidential Information.

(c) Recipient will not use the Confidential Information for its own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of Discloser.

(d) "Confidential Information" includes any trade secrets, knowledge, data or other proprietary or confidential information relating to products, processes, know-how, designs, developmental or experimental work, computer programs, computer artwork, databases, other original works or authorship, customer lists, business plans, marketing plans and strategies, financial information or other subject matter pertaining to any business of Discloser or any of Discloser’s clients, consultants or licensees, whether communicated in writing or orally, and is marked as "confidential" or "proprietary" or "secret" at the time of disclosure, or is unmarked (including orally disclosed information), but is treated as confidential at the time of disclosure.

(e) Notwithstanding the provisions of Item 4 of this Section, Confidential Information does not include information that (a) is generally known or available by publication, commercial use or otherwise through no fault of Recipient, (b) is known by Recipient at the time of disclosure and is not subject to restriction, (c) is lawfully obtained from a third party who has the right to make such disclosure, or (d) is released for publication by Discloser in writing.

(f) Understands and agrees that Discloser is providing Confidential Information to Recipient in reliance on Recipient’s agreement contained in this Agreement.

(g) Recipient agrees that damages may not be an adequate remedy for a breach of this Agreement and that Discloser shall be entitled to equitable relief, including injunction and specific performance, without the necessity to post a bond, in the event of any breach of this Agreement by Recipient. Such remedies, however, shall not be deemed to be the exclusive remedies for any breach of this Agreement but shall be in addition to all other remedies available at law or in equity.

(h) Recipient agrees that damages may not be an adequate remedy for a breach of this Agreement and that Discloser shall be entitled to equitable relief, including injunction and specific performance, without the necessity to post a bond, in the event of any breach of this Agreement by Recipient. Such remedies, however, shall not be deemed to be the exclusive remedies for any breach of this Agreement but shall be in addition to all other remedies available at law or in equity.

(i) Recipient’s duty to protect Discloser’s Confidential Information expires five (5) years after its return or destruction, in the case of Confidential Information embodied in tangible form, or after its receipt or development (whichever is later), in the case of any other Confidential Information.

(j) Any notice, request, consent or waiver under this Agreement must be in writing and must be sent by first class mail, postage prepaid, or by national overnight courier (such as Federal Express), to the address for each party set forth in the Service Order. This Agreement may be modified only in a writing signed by both parties. The laws of the State of Georgia shall govern this Agreement. This Agreement states the entire agreement of the parties with respect to its subject matter. This Agreement may be executed in counterparts.

Section 6. Miscellaneous Provisions.

(a) The Initial Term of this Agreement shall be a period of six (6) months, and automatically renew for successive six (6) month terms.

(b) Either party may terminate this Agreement by providing thirty (30) days written notice to the other upon expiration of the Term. Client shall pay Servicer for all hours worked, in accordance with Section 4 above.

(d) An annual cost of living pay rate increase in the amount of 3% will take effect on the remit date that corresponds with the anniversary date of the agreement.

(e) Client shall allow for a minimum 10% pay incentive, tied to exceeding stated performance objectives in order to retain top talent.

(f) Where Servicers staff wages and other expenses are paid in JMD, Servicers invoices will be indexed to USD using the current Bank of Jamaica exchange rate.

(g) This agreement may be amended only by written agreement of the parties.

(h) This Agreement shall be interpreted and enforced in accordance with the laws of Georgia applicable to agreements made in Georgia by persons domiciled therein, and the Parties consent to the jurisdiction and venue of the U.S. District Court for the Northern District of Georgia (Atlanta Division) for the resolution of any civil action relating to this Agreement.

(i) All notices, offers, acceptances, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed postage prepaid, first class, by certified or registered mail to the parties address.

(j) This Agreement contains the entire agreement of the parties with respect to the matters contemplated herein and supersedes all previous agreements with respect thereto.

(k) In no event will Servicer’s liability in connection with any service provided hereunder, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate fees paid to Servicer by Client during the one (1) month period immediately giving rise to such liability. Servicer cannot guarantee continuous service, service at any particular time, integrity of data, information, or content transmitted via the Internet. Servicer will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content transmitted or received through the Client provided phone system and software. Servicer shall not be held liable or responsible or exposed to loss of revenue due to any technological failure.

(l) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither party may assign any of its rights or obligations under this Agreement without the written consent of the other party, which may be withheld for any reason.

(m) This Agreement may be executed in two or more counterparts each of which shall be deemed an original and all of which together shall constitute a single instrument. Facsimile and/or scanned execution and delivery of this Agreement shall be legal, valid and binding execution and delivery for all purposes.

(n) In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of any other term of this Agreement shall be affected thereby.

(o) The waiver by any party hereto of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any of the parties hereto.

(p) In the event Servicer determines that the volume of Live projects identified by Client becomes too great for Servicer to perform efficiently against the allotment of Agents requested by Client, Servicer shall, in consultation with Client, determine an appropriate adjustment.

E-mail: sales@korecontactcenter.com