Terms and Conditions

THIS SERVICES AGREEMENT (“Agreement”) details your rights and responsibilities and is entered into this day (the “Effective Date”) between Prime Health Group, LLC, dba, PrimePostcards (“Prime”) and you (“Customer”). Prime and Customer are collectively referred to as “Parties” and individually as a “Party”.

This Agreement is entered into with reference to the following facts:

  1. Prime is in the business of providing healthcare marketing services; and,
  2. Customer desires to engage Prime to provide services subject to this agreement; and,
  3. Prime and Customer desire to set forth in this Agreement the terms applicable to the engagement.
  1. CUSTOMER REQUIREMENTS
    • Customer will provide a logo, name and/or other design elements and grant Prime the right to use those likenesses in the service, for the term of the agreement.
    • Customer will pay the required fee prior to the mailing being scheduled.
    • Customer will assist in key marketing decisions, such as but not limited to, designating postal routes for the target market.

  2. PRIME REQUIREMENTS
    • Prime will provide design, printing, mailing and call monitoring service for the term of the contract.
    • Prime will also provide statistics and reporting related to the success of each campaign, including recorded calls placed to Customer’s office.

  3. TERM
    • The Agreement will be effective on the date this agreement is agreed to by Customer.
    • The Agreement will be in force for three months from the date of the last mailing campaign.

  4. FEES
    • Deposit fee will be $500.00, which includes design services, technology and reporting setup and mailing fees. Deposit fee is non-refundable.
    • Print and mail fees will be priced on a per postcard basis, subject to batch minimums to be determined prior to each mailing.
    • All fees are due and payable prior to printing and mailing being scheduled with the USPS.
    • Fees can be paid by cash, check or credit card.

  5. GUARANTEE
    • On every mailing, we GUARANTEE enough responses to your mailing campaign to increase your revenue by 200% the amount you spent on the mailing. If not, we will mail additional Postcards for free until the 200% is reached.

Additional Terms and Details

  1. SCOPE OF SERVICES
    1. Service Description. Prime will arrange for the following services:
      • Design of postcard with Customer logo, location information and phone number in addition to other information as agreed upon by Customer and Prime.
      • Printing of the postcard as selected by the Customer.
      • Identification of postal route delivery in accordance with USPS offerings.
      • Mailing of postcards in lots to be determined jointly by Prime and Customer.
      • Monitoring of all calls received by Customer which are associated with the contact number included on the printed postcard. Services scope can be changed by joint agreement of Prime and Customer. All scope changes must be made in a written amendment to this agreement.
    2. Compliance with Laws. Both parties shall comply with all federal, state and local laws, ordinances, rules and regulations applicable to their activities and obligations under this Agreement.
    3. Recorded Call Notice. The Parties acknowledge that some jurisdictions require that in order to record a conversation, all parties to the conversation must know that the conversation is being recorded while other jurisdictions only require that one party know of the recording of the conversation. Customer represents, warrants and agrees that in connection with its use of the services, that Customer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Customer is permitted to engage in those activities, and that Customer shall use Primes’s service in full compliance with all applicable laws and regulations.
      1. In order to assist in compliance with these regulations, a “Recorded Call Notice” is configured to automatically play at the commencement of any call. This feature may be disabled by Customer. Prime makes no warranties regarding the legality of monitoring, recording, storing, or making available calls to Customer nor the legality of the language used in any “Recorded Call Notice” used in conjunction with this service. Customer agrees, acknowledges, represents and warrants that it will provide and/or obtain all notices, consents, and permissions relating to recording calls, as required by applicable laws and regulations. It is the sole responsibility of Customer to comply with the legislation, regulations and statutes in the jurisdiction(s)in which it operates. Customer agrees to notify Prime in the event Customer learns of a required revision to the Recorded Call Message in order to comply with applicable laws or regulations with the specific language required.

      2. Customer agrees and acknowledges that applicable laws and regulations may require that Customer provide notice to and/or receive express consent and permission from, in writing or otherwise, all agents (including employees), independent contractors, and/or other persons who receive telephone calls recorded by the services described in this Agreement.

  2. CONTRACT ADMINISTRATION
    1. Change Orders. This Agreement can be changed at anytime by agreement of both parties, in writing, as an amendment to this Agreement. This Agreement will continue in force until cancelled, or at the end of the term specified in this contract.

  3. INVOICING
    1. Method of Invoicing. Customer agrees to pay the following fees associated with the services under this agreement:
      • $500.00 deposit fee
      • A per postcard charge to be determined for printing and mailing All fees are due and payable prior to mailings being scheduled or sent to the USPS. Fees can be paid in cash, by check or credit card.

  4. OWNERSHIP
    1. Customer Ownership of Preexisting Work Product. Customer will retain ownership of any logos, trademarks or service marks associated with the Customer’s business.
    2. Intellectual Property Rights. Notwithstanding anything to the contrary above, Prime will be free to utilize any concepts, know how, techniques, improvements or methods which it may discover or adapt in the performance of the Services for Customer.

  5. CONFIDENTIAL INFORMATION
    1. Duties of Both Parties. Prime and Customer agree to make best efforts to protect any and all confidential information that may be shared by either party under this services Agreement.

  6. TERM/TERMINATION
    1. Term of Agreement. This Agreement will commence on the date the agreement is agreed to by Customer, and will remain in force for a period of three (3) months from the date of the last mailing scheduled with the USPS.

  7. MISCELLANEOUS
    1. Relationship of Parties. Nothing in this Agreement shall be deemed to create a partnership, joint venture or similar relationship between the Parties and, except as otherwise expressly provided herein, no Party shall be deemed to be the agent of the other Party, it being understood and agreed that neither the method of computing compensation nor any other provision contained herein shall be deemed to create any relationship between the Parties hereto other than the relationship of independent parties contracting for services. Neither Party has or shall hold itself out as having any authority to enter into any contract or create any obligation or liability on behalf of, in the name of, or binding upon the other Party.
    2. Governing Law. All questions concerning the validity, interpretation and performance of this Agreement shall be governed by and decided in accordance with the laws of the State of Illinois, exclusive of its conflicts of laws principles.
    3. Independent Contractor. The parties hereby declare and agree that Prime is engaged in an independent business, and will perform its obligations under this Agreement as an independent contractor. As such, Prime retains the right to exercise full control of and supervision over the performance of Prime’s obligations under this Agreement and full control over the employment, direction, compensation and discharge of any and all of Prime’s agents, employees, or subcontractors, including compliance with workers’ compensation, unemployment, disability insurance, social security, withholding and all other federal, state and local laws, rules and regulations governing such matters.
    4. Severability. In the event any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions of this Agreement will not be affected and, in lieu of such invalid or unenforceable provision, there will be added automatically as part of this Agreement one or more provisions as similar in terms as may be valid and enforceable under applicable law.
    5. Entire Agreement. This Agreement, including any attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous representations, understandings or agreements, whether oral or written, relating to the subject matter hereof. The terms of this Agreement cannot be changed, released or discharged orally.

The Parties have caused this Agreement to be executed by the electronic acceptance of Customer.

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