THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH BEST COMPANY, LLC OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES.
Best Company, LLC (“Best Company”) provides its services to You the user, whether an individual or organization (“User,” “You,” or “Your”) though the Business Suite platform (“Business Suite”) which includes its Collect online application (“Collect Application”) and Clicks online application (“Clicks Application”) (all the Business Suite services referred to as “Services”). As a condition of Your use of the Services, You, the User, agrees to these Terms and Conditions (“Agreement”). Should You not agree to the terms of this Agreement, please do not use the Services.
Best Company may amend this Agreement from time to time by posting new Terms and Conditions. Users are required to check this Agreement for updates periodically and Best Company has no obligation to inform Users of any amendments to the Agreement. Any use by a User of the Services after the new Terms and Conditions are posted shall be deemed to constitute an agreement by User to the amended Agreement.
(a) Customer Information. In order to use the Collect Application, Users will be required to upload information about the User’s customers to the Collect Application (“Customer Information”). Customer Information may include customer names, locations, e-mail addresses, physical addressees, and telephone numbers. Best Company agrees that it will only use Customer Information in order to provide the Services, which may include contacting and communicating with customers via phone, text, and/or email technology in order to generate Reviews of User’s products and services, and for no other purposes. By submitting Customer Information to Best Company, You consent to have Best Company use the Customer Information in order to solicit Reviews of Your products and services for the Best Company Website.
(b) Telemarketing Compliance. Best Company covenants and agrees that in pursuing Reviews via phone to comply with all applicable telemarketing laws, regulations and rules, including without limitation the Telephone Consumer Protection Act (47 USC § 227) (“TCPA”), the Telemarketing & Consumer Fraud and Abuse Protection Act (15 USC § 6101 et seq.) and the Telemarketing Sales Rules promulgated by the Federal Trade Commission. User will be responsible for uploading Customer Information to the Collect Application where the applicable customer has provided User with Prior Express Written Consent to receive commercial telephone calls (including voice calls, artificial voice calls, pre-recorded calls, text messages, and/or autodialed calls) from User, and third parties designated by User. “Prior Express Written Consent” shall have the meaning set forth in the TCPA, as amended from time to time. User shall retain the records of each customer’s Prior Express Written Consent (“Consent Records”) for a minimum of five (5) years following the creation of the Consent Records and shall provide such Consent Records to Best Company upon request. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User’s failure to obtain Prior Express Written Consent or to maintain adequate Consent Records.
(c) CAN-SPAM Compliance. Best Company covenants and agrees that in pursuing Reviews via email to comply with all federal and state laws, rules, and regulations including, but not limited to, the CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM Act”) which shall include providing a clear and conspicuous explanation of how the recipient can opt out of receiving emails from Best Company. User will be responsible for uploading Customer Information where the applicable customer has provided User with consent to receive commercial emails from User, and third parties designated by User. User further agrees not to upload any Customer Information where the applicable customer has opted out of receiving emails from User, and User will remove Customer Information which has been uploaded to the Collect Application upon receiving any opt out request from the applicable customer. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User’s failure to remove Customer Information where a customer has opted out of commercial emails from User.
(a) Clicks. In order to use the Clicks Application, Users will be required to activate the application and to enter a destination URL (“User Website”) in the User’s Account. Once activated, the Best Company Website shall link to the User Website. For this Agreement, a “Click,” for shall mean an action by a visitor of the Best Company Website clicking on a link which transfers the visitor to the User Website.
(b) Cost per Click. User shall pay Best Company, on a “cost-per-click” basis, the specific amount per Click as set forth in the User’s Account, which may be modified on a month to month basis. The cost-per-click shall be based upon visitors clicking on a link which directs visitors from the Best Company Website to the User Website.
(c) Billing. At the end of each calendar month, Best Company will charge the User for the number of Clicks delivered to the User Website in that month. All invoices will be based on Best Company’s tracking and shall be billed to User’s credit card as detailed below.
(d) Credit Card. In order to use the Clicks Application, the User will be required to place a credit card on file with the User’s Account, and the User authorizes Best Company to automatically charge the credit card on file for the fees generated each month. The User shall be solely responsible for managing the User’s credit card on file. The User represents and warrants to Best Company that the User is the holder of all credit cards on file with the User’s Account, and if the User is not the account holder of a credit card, the User has all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that a credit card no longer processes, or Best Company believes that a User is not authorized to incur charges on a credit card, Best Company may immediately suspend the User’s Account.
(e) Dispute. In the event that any amount set forth on an invoice is the subject of a documentable dispute by the User, the User expressly agrees that it shall notify Best Company of such dispute in writing (such notice to include the specific reasons for the dispute and any supporting documentation) within seven (7) days after receiving such invoice. The User further agrees that unless written notice of a dispute is provided to Best Company in writing within such seven (7) day period, the applicable invoice and the billing attributable to the Clicks provided by Best Company to the User as set forth in such invoice will be deemed accurate, final, due and payable by User.
(f) Pausing Clicks. The User shall have the ability to pause or terminate the generation of Clicks at any time by pausing or deactivating Clicks in the User’s Account.
Best Company
475 E. 1000 S.
Pleasant Grove, UT 84062
Best Company is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State were User resides or is organized, shall be deemed effective service of process.