Terms Of Service

Last Updated: 11/9/2022

Prospect Future (“Prospect Future”, “we”, “us”, “our”, “The Company”) provides marketing, consulting, and auditing services for businesses of most sizes. Your Service Agreement covers which services are being purchased, the Client purchasing the Services (the “Client”, “you” or “your” and together with Prospect Future the “Parties” or each individually a “Party”), the costs involved with such Services, and the minimum Initial Term and other pertinent details. These Terms of Services (the “Terms of Service” or the “Terms”) govern the relationship between you and Prospect Future. These Terms of Service are effective on the date the Service Agreement is signed (the “Effective Date”) and remain in effect until terminated as outlined below.

BY ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

The Service Agreement, together with these Terms of Service, the Prospect Future Privacy Policy located at https://www.prospectfuture.com/privacy-policy/, and any other documents referenced in these Terms of Service constitute the entire agreement between the Parties. Prospect Future limits acceptance to these agreements, and objects to any other additional or different terms not held within.

Definitions

The Prospect Future products or services and other relevant capitalized terms have the definitions set forth in this section or where they first appear.

Affiliate

Means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement.

Agreement

These Terms of Service, your Service Agreement, and all materials referred to or linked to in here.

Auditing Services

Auditing Services are any services in which Prospect Future will consistently monitor performance and potentially include this performance in reports. The specific Auditing Services provided are detailed in your Service Agreement. If any recommendations, insights, or ideas are presented as part of these Auditing Services, Prospect Future is not obligated to act upon or implement them as part of this Agreement.

Business Days

Business days are Monday through Friday and excluding all major national holidays and any notice provided by your account manager for office closures our out-of-office.

Call Tracking

If Call Tracking is a part of your Service Agreement and you choose to utilize it, Prospect Future will set up the client with their own Call Tracking account. Calls will be recorded for tracking purposes. The number of local numbers & minutes included in this Agreement is outlined in your Service Agreement. Any minutes or numbers past the allotted amount will be added to your Overage Invoice if The Client is not directly paying the 3rd Party Platform. After cancellation of your account, you may choose to maintain your Call Tracking numbers via the 3rd Party provider and assume all responsibility for billing associated with your account. No overage amount or Client financial responsibility to the 3rd Party Platform will fall under Media Buy.

Capped Number Of Clients

Prospect Future is committed to your success. To ensure we work well together and we are able to dedicate to the pertinent Services provided, we cap the number of clients our account managers take on. This cap is a variable number based on the experience of the account manager and makeup of their client base.

Confidential Information

Means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether it be verbally or in writing, that is designated as confidential. Additionally, Confidential Information shall include all information concerning: Disclosing Party’s customers and potential customers, past, present or proposed products and services, marketing plans, technical data, trade secrets, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement.

Consulting Services

Consulting Services are those in which Prospect Future will provide expertise, analysis, and strategy to the Client. The specific Consulting Services provided are detailed in your Service Agreement. Direct implementation based off of any recommendations, insights, or ideas from Consulting Services are not an obligation of Prospect Future under this Agreement. Upon the Client’s request, a strategy outline for any Consulting Service included in your Service Agreement will be provided by Prospect Future in writing, with as much detail as Prospect Future deems necessary to provide value for that given time. The timeline for delivering any requested strategies will be dependent upon the request and information needed to complete it. Due to the changing nature of each Client’s business and marketing health, the time period for Consulting Services strategies will be at the discretion of Prospect Future or limited to 1 year into the future maximum.

Costs

Your Costs are the amounts you owe as outlined in your Service Agreement and these Terms of Service. Your Service Agreement will include one-time, monthly, and/or annual Costs required for your use of the Services.

Creative Assets

Creative Assets are any assets needed to perform any of the Services outlined in your Services Agreement. These assets can be logo files, images, audio, videos, whitepapers, copyrights, trademarks, service marks, or any other documents. Prospect Future is under no obligation to produce any of these assets under this Agreement. The Client is responsible for providing assets to be used by Prospect Future. If the Client does not provide assets, Prospect Future will utilize stock photography and videography as supplied by 3rd Party Platforms. Minimal design for non-moving assets (i.e. photos and graphics, not videos) can be performed by Prospect Future during day-to-day management of your account, but is in no way required by this Agreement. Unless requested in writing by the Client, Prospect Future has full liberty to utilize any Creative Assets we deem appropriate without prior notice or approval.

Customer Classification

We break our customers into two main categories for classification: eCommerce/SaaS and Lead Generation. As these categories are oversimplified, any business that is not eCommerce/SaaS (online retail) shall be considered Lead Generation, unless explicitly stated otherwise in writing. Additionally, each Customer Classification may have varying pricing rates, as outlined in the Service Agreement or applicable Costs categories included in these Terms of Service such as the “Management Rate.”

Management Fee

The Prospect Future Management Fee is the base level non-variable flat monthly fee the Client agrees to pay Prospect Future. This fee covers a variety of services as outlined in your Service Agreement. Some products or services may not be utilized for your business depending on your specific marketing goals and availability. Some 3rd Party products and services may not be available for all clients based on the terms and conditions of the applicable 3rd Party provider.

Management Rate

The Management Rate is a variable cost billable monthly as a percentage based on the projected monthly media buy. The Management Rate can change depending on your spend level and Customer Classification. The lowest spend level per Customer Classification listed below is the minimum amount the Management Rate will be based upon for that Client, regardless of whether actual spend falls below that threshold or not. The rate indicated in your Service Agreement is the starting rate at which you will be billed, this rate will change based on the aforementioned. If Media Buy is significantly higher than the projected amount for any given month, The Client will be invoiced accordingly on, or after, the 5th of the following month based on the rate in which the Media Buy is determined. The following table provides the most up-to-date rates. 

Table 1

Marketing Client

Under this Agreement, a Marketing Client is anyone who is current on payment of their Management Fee.

Marketing Services

Marketing Services as referenced in your Service Agreement are services in which Prospect Future will take an active hand in management and implementation. The timeline for delivering individual Marketing Services will be dependent upon the service and information needed to perform it. Due to the changing nature of each Client’s business and marketing health, the time period for Marketing Services will be at the discretion of Prospect Future. Upon the Client’s request, a strategy outline for any Marketing Service included in your Service Agreement will be provided by Prospect Future in writing, with as much detail as Prospect Future deems necessary to provide value for that given time. The time period for any marketing strategies provided will be at the discretion of Prospect Future or limited to 1 year into the future maximum. 

Media Buy

Refers to marketing spend with 3rd Party Platforms such as Google, Facebook, and Microsoft (Bing). A full list of included platforms is included in your Service Agreement. Media Buy does not include any investment put towards Google Local Service Ads. Prospect Future will assume control of existing accounts or set up a new one if needed. The Client will have access to the account and all spend will be connected to client’s own billing, in all situations where this is possible. The Client agrees to provide Prospect Future, and any applicable employees of Prospect Future, admin access to these accounts during the Term. As Media Buy will fluctuate month-to-month based on a number of factors, the Media Buy amount will be reassessed quarterly and based on the projected average monthly spend for the quarter. This will be built into the recurring monthly invoice. 

If Media Buy is higher than the projected amount, The Client will be invoiced an Overage Invoice on the following month based on the fee/rates indicated in Table 1.

One-Time Setup & Analysis Fee

If you are a Consulting Only customer of Prospect Future, you may be charged a One-Time Setup & Analysis Fee. The details and amount of this fee will be outlined in your Service Agreement.

Overage Invoice

The overage invoice will be processed on, or after, the 5th of every month when applicable. It may consist of overage as a result of higher Media Buy, as outlined in the Media Buy section, overage as a result of more minutes or numbers used in the Call Tracking program, or other services as applicable.

Services

For the purposes of this Agreement, Services will mean any and all products and services referenced in your Service Agreement or these Terms of Service. All Services are performed remotely, unless specifically stated otherwise.

Total Monthly Marketing Cost

The total monthly marketing cost is inclusive of both Costs and Media Buy. This number is provided in your Service Agreement, so as to inform you of what to expect your marketing outlay to be on a monthly basis. Only the Costs portion goes directly to Prospect Future. Details on Media Buy can be found in the Media Buy section.

Users

Means your employees, representatives, consultants, contractors, or agents who are authorized to use the Service for your benefit and have a unique user identification and password for any Services or 3rd Party Platforms.

3rd Party Platforms

3rd Party Platforms are any platforms not included within the Parties. Typical platforms could be Google, Microsoft, Facebook, and more. The specific 3rd Party Platforms that Prospect Future will interoperate with or are used in connection with our Services and as part of this Agreement are outlined in your Service Agreement. Additional 3rd Party Platforms may be added upon request and an additional charge.

Compliance with Laws/Prohibited Content

The Client shall not use our services in any way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement. Additionally, Client will not engage in malicious acts that put Prospect Future at risk. Prospect Future may terminate this agreement if it determines the Client has violated this policy.

Payment

Upon execution of your Service Agreement, you will be responsible for full payment of all associated Costs. All Costs are due in US Dollars and, unless specified otherwise, are due at the beginning of each Term. For monthly recurring Services, unless specified otherwise, all Costs are due on the same numerical day of each month following the Effective Date. Any one time fees will be due on the Effective Date. You acknowledge that you are required to pay the full amount due for the Services each month through the Contract Term and Renewal Terms according to your Service Agreement. As it pertains to the Management Rate, if Media Buy is 20% higher than the projected amount for any given month, The Client will be invoiced accordingly on the 5th of the following month. BY SIGNING YOUR SERVICE AGREEMENT YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO PAY ALL FEES IN ADVANCE AND THAT YOUR SERVICES MAY BE SUSPENDED OR TERMINATED IF TIMELY PAYMENT IS NOT RECEIVED OR IF A PAST PAYMENT HAS BEEN DISPUTED.

Payment By Credit Card

If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Term. You further authorize us to use a 3rd Party to process payments, and consent to the disclosure of your payment information to said 3rd Party.

Payment Against Invoice

If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Contract Term or Renewal Term. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Service Agreement.

Payment Information

You agree to keep your contact information, billing information and credit card information up to date. You will alert The Company to any changes needed to your billing information in a timely manner so that The Company may make necessary adjustments with adequate time before your next payment is due.

Sales Tax

All Costs are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of our Services. You shall have no liability for any taxes based on our gross revenues or net income.

Term/Termination

Term and Renewal

Your “Contract Term” will be specified in your Service Agreement and, unless specified otherwise, your Services will automatically renew monthly (the “Renewal Term”). Only months in which full payment has been received will count towards the completion of the Contract Term. The Agreement shall begin on the Effective Date and will remain in effect until terminated as provided below.

Cancellation

Unless specified otherwise in your Service Agreement, to prevent the renewal of Services, you must give written notice of non-renewal to your account manager and this written notice (mail or email) must be received no less than thirty (30) days in advance of the end of the Term (the Contract Term and Renewal Term will be collectively referred to as the “Term”).

Early Cancellation

You may choose to cancel your Services early at your convenience provided that we will not provide any refunds of prepaid costs, and you will promptly pay all unpaid fees due through the end of the Contract Term. No Early Cancellation of the Agreement will take effect until we receive proper written notice and payment of all Contract Term fees, as applicable.

Prospect Future’s Right To Cancel

We may cancel this Agreement at any time for any reason. We will provide written notice to you and Cancellation unless specified otherwise will take effect at the end of the current Term.

Suspension For Non-Payment

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend all Services within ten (10) days after such notice. We will not suspend Services while you are disputing the applicable charges reasonably and in good faith and are cooperating to resolve the dispute. If Services are suspended for non-payment Prospect Future may charge a reactivation fee. 

Collections Of Amounts Owed

You agree to pay all costs incurred by Prospect Future in the pursuit of collection for payment under this Agreement. This includes any legal or attorney fees associated with the cost of collection.

Intellectual Property

Your License Grant to Prospect Future

Upon execution of your Service Agreement and throughout the Term, you agree to grant The Company a non-exclusive, royalty-free worldwide license use, copy, backup, modify, display, broadcast, and transmit any of your Creative Assets, content, or materials relating to your brand, website, or digital & local presence, as applicable and in accordance with any Brand Guidelines, to the extent necessary for Prospect Future to perform the Services. This license will terminate upon the termination of the Service Agreement except as outlined below in “Publicity.”

Work Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, marketing campaigns, marketing strategies, technical implementations, or other information (collectively “Work Product”) developed in whole or in part by Prospect Future during the course of this Agreement shall be the exclusive property of Prospect Future. 

Assignment of Rights

It is the intention of the parties that all rights, including, without limitation, marketing, promotional, and collateral materials, strategies, and implementations (collectively “Work”) prepared by Prospect Future in relation to services performed under this agreement shall constitute “works made for hire” within the meaning of the Copyright Act of 1976 (the “Act”), and The Client to be the “author” within the meaning of such Act for all purposes.

If the client has disputed payment or fails to complete the Contract Term, the Work Product and/or Work may be stripped from the Client and any applicable 3rd Party Platforms without explanation or notice. If this occurs, Prospect Future is not liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or revenues, or diminution in value, arising from the breach of these terms or any other additional limitations outlined below.

Trademarks

All trademarks used in this agreement and used in conjunction with the Services are the property of their respective owners.

Authorization and Limited License to the Access of Prospect Future Reporting

Marketing Client’s will receive access to Reporting as outlined in their Service Agreement. This access is revocable, non-transferable, and a non-copyable license. You understand and agree that you have no claim or any right over the Reporting created for you by The Company. 

Confidentiality

The receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that is uses to protect its own confidential information of a similar nature, (ii) not use any Confidential Information from Prospect Future outside of the scope of this Agreement, (iii) not disclose Confidential Information to any third party without prior written consent from The Company.

The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any state, federal, or local law, statue, rule or regulation, subpoena or legal process; provided that the Receiving Party will provide the Disclosing Party with prompt notice of any lawful request, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order. If such notice is prohibited by law, the Receiving Party shall only disclose the minimum amount of Confidential Information required to be disclosed.

Publicity

You grant us the right to add your name and company logo to our customer list and website. If you would like to opt out of this, please email info@prospectfuture.com.

Indemnification

You agree to indemnify, defend, and hold Prospect Future harmless from any and all liability, claims, damages, settlements, suits, action, or proceeding (each an “Action”) due to any 3rd party claims or causes of action, arising out of (a) illegal uses of the Services, (b) you or your Affiliates’ noncompliance or breach of this agreement, (c) the unauthorized use of the Service by any person using your User information. Additionally, if the Client is a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or subject to the European Union General Data Protection Regulation (“GDPR”), the Client waives any claims it may have against Prospect Future arising out of or in connection with HIPAA or GDPR requirements and agrees to indemnify Prospect Future against any and all claims arising from failure to comply with HIPAA or GDPR guidelines and regulations. 

Representations & Authority

By signing this Agreement, you personally represent that you have the power and authority to do so on behalf of the Client. You represent that the execution of this Agreement by you on behalf of the Client has been authorized by all necessary internal corporate actions. You understand that upon execution of your Service Agreement, this Agreement constitutes a legally binding obligation of the Client, enforceable against the Client in accordance with the Terms.

Agency

If you are entering into this Agreement on behalf of another company, you personally represent that you are authorized by said company to act as its agent. As well, you agree on behalf of each such company that each company you represent has been made aware of, and agrees to be bound by these Terms.

DISCLAIMER OF WARRANTIES

PROSPECT FUTURE PROVIDES ALL SERVICES WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROSPECT FUTURE MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF THE SERVICES.

No Indirect Damages

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

LIMITATIONS OF LIABILITIES

EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER FROM OR RELATED TO BREACH OF CONTRACT, TORT, OR OTHERWISE EXCEED THE TOTAL AMOUNT OF PAYMENTS YOU MADE TO PROSPECT FUTURE OVER A TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, PROSPECT FUTURE IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, UPDATES, HOSTING, OR ERRONEOUS DATA APPEARING IN A CLIENT’S ADVERTISING, WEBSITE, BLOGS, SOCIAL MEDIA, EMAILS, SMS CAMPAIGNS, GOOGLE MY BUSINESS PAGES, OR ANY OTHER PRINT OR DIGITAL BRAND PRESENCE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO 3RD PARTY PRODUCTS AND SERVICES THAT YOU USE IN CONJUNCTION WITH THESE SERVICES.

Agreement to Liability Limit

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, NO INDIRECT DAMAGES, AND DISCLAIMER OF WARRANTIES, WE WOULD NOT PROVIDE THE SERVICE TO YOU.

Dispute Resolution

Good Faith and Cooperation

Each Party agrees to cooperate in good faith and in such a manner as appropriate to give effect to the Terms and Agreement. Each Party agrees to contact the other in writing regarding any claims, disputes, or controversies, and allow the other Party adequate time of no less than 30 days to remedy the issue or demonstrate that there is no issue under these Terms of Service prior to initiating any formal legal action, payment dispute, or negative publishing disparaging the reputation, business, or business relationships of the other Party.

Agreement to Arbitrate

Notwithstanding Prospect Future’s right to legal action regarding unauthorized use of services or intellectual property infringement, if the Parties cannot resolve the disputes in Good Faith and Cooperation, the Parties then agree to resolve any and all disputes, controversies, or claims in connection to this Agreement, including breach, termination, or validity thereof, through confidential binding arbitration in Fort Collins, Colorado via a single arbitrator. Such arbitration shall be administered by the American Arbitration Association (AAA) following the Commercial Arbitration Rules of the AAA.

BY ENTERING INTO THIS AGREEMENT, THE CLIENT AGREES AND UNDERSTANDS THAT IT IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. THE CLIENT FURTHER AGREES THAT IT MAY ONLY BRING A CLAIM IN ITS INDIVIDUAL CAPACITY, AND THAT IT WAIVES ANY RIGHT TO BRING AN ACTION AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Costs and Attorney’s Fees

Notwithstanding other provisions of these Terms, the Parties shall be responsible for their own costs and legal fees.

Statute of Limitations

Except for actions for nonpayment or breach of a Party’s proprietary rights, no action, regardless of form, in relation to this Agreement shall be brought by either party more than one (1) year after the cause of the action has accrued.

Miscellaneous

Amendment; No Waiver

We may update and change any part or all of these Terms of Service, including the Costs associated with your Service. If we update or change these Terms of Service, the updated Terms of Service will be posted at https://www.prospectfuture.com/terms-of-service/ and we will inform you via email if you request we do so. Make requests to info@prospectfuture.com. The updated Terms of Service will become effective and binding the next business day after they are posted. If you do not agree with the modification to the Terms of Service, you must notify us in writing within thirty (30) days of the notice being posted. If you provide us notice, your Services will continue to be governed by the Terms of Service prior to the modification for the remainder of your current Term. Upon renewal, the Terms of Service published by us on our website will apply.

Force Majeure

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside of the reasonable control of the obligated party.

Compliance with Laws

We will comply with all U.S. state and federal laws (where applicable) in our offering of the Services. We reserve the right at all times to disclose any information as required or necessary to satisfy any law, regulation, legal process or governmental request notwithstanding the Confidentiality section.

Choice of Law

This Agreement shall be governed by the applicable statutory and common law of the state of Colorado without reference to the conflict of law principle.

Severability

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then that part shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and all other parts of this Agreement shall continue in effect.

Entire Agreement

The Service Agreement, together with these Terms of Service, the Prospect Future Privacy Policy located at https://www.prospectfuture.com/privacy-policy/, and any other documents referenced in these Terms of Service constitute the entire agreement between the Parties. Prospect Future limits acceptance to these agreements, and objects to any other additional or different terms not held within. Our obligations are not contingent on any prior discussions or future functionality of the Service whether written or oral. Any additional services provided beyond these Services in no way creates an obligation between the Parties to continue to perform such services.

Assignment

You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of a merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, provided such successor is not a competitor of ours.

Survival

The following sections shall survive the expiration or termination of this Agreement: Collections of Amounts Owed, Intellectual Property, Publicity, Indemnification, Confidentiality, Disclaimer of Warranties, No Indirect Damages, Limitations of Liabilities, Dispute Resolution, and Miscellaneous. Notwithstanding the foregoing, the Client remains liable for any amounts owed to Prospect Future as of the effective date of termination.

Precedence

In the event of a conflict between the Terms of Service and the Service Agreement, the terms of the Service Agreement shall control, but only as to that Service Agreement. Notwithstanding, the Management Rate section outlined in the Terms of Service unless explicitly specified otherwise.

3rd Party Products & Services

3rd Party Products and Services are not under our control and if included in this agreement, are only done so as a convenience. Prospect Future is not responsible for the availability or usage of any 3rd Party Product or Service and does not warranty the performance of any 3rd Party Product or Service.

3rd Party Platforms Terms and Conditions

Your use of any 3rd Party Platforms, or Prospect Future’s use on your behalf, is subject to the separate terms and conditions of each individual platform.

Affiliate Disclosure & Referral Commissions

Prospect Future may receive affiliate bonuses or referral commissions from 3rd Party Platforms when we refer you to them or utilize them on your behalf. The Client acknowledges that they are in no way entitled to any incentive or share of incentive received by Prospect Future.

Subcontracting

Prospect Future may, without notice or your consent, subcontract any part of the performance or Services of any obligation of Prospect Future under this Agreement, provided that Prospect Future remains liable to the Terms of this Agreement.

Call Recording

You acknowledge that we may record Client phone calls for quality control or historical reference purposes.

Communication Preferences

You consent to receiving electronic and telephone communication from us relating to your Agreement or Services. These communications may be directed to any email, number, or address you provide as part of this Agreement or in future communications. You also consent to other communications from us such as newsletters, feature announcements and service updates, customer surveys, and special offers.

Business Hours & Timeliness

Prospect Future business hours are from 8:00AM to 4:00PM MST Monday through Friday. The Client understands and acknowledges that any communication outside of these hours will be considered effective as of the following business day. Unless specified otherwise, any timelines provided by Prospect Future shall be regarded in Business Days.

Prospect Future’s Employees’ Right To Privacy

Prospect Future and its employees take your business and success very seriously. To provide the best possible Services for you, we encourage a healthy work/life balance. You acknowledge and agree to respect the personal privacy of our employees and account managers and not solicit or contact them maliciously on their personal social media accounts, telephones, email addresses, or home addresses.