Blue appointment Terms & Condtions
Purpose and Scope
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding understanding between Blue Appointment (hereinafter referred to as the “Company” or “Provider”) and any individual applying for, enrolling in, or performing services under the Company’s programs, including but not limited to appointment setting, telemarketing, customer service, or any related contractual activity (hereinafter referred to as the “Contractor”). This Agreement governs all rights, obligations, and liabilities arising from the Contractor’s engagement with the Company under the Federal Laws of the United States of America and, where applicable, the laws of the State in which the Contractor primarily operates.
Independent Contractor Status
The Contractor acknowledges and expressly agrees that the relationship established herein is not one of employment, but rather an independent contractual engagement governed by the relevant provisions of U.S. Federal Law, including but not limited to the Internal Revenue Code (26 U.S.C.), the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), and related jurisprudence interpreting independent contractor relationships.
The Contractor shall have no authority to bind, represent, or otherwise obligate the Company, nor shall the Contractor be entitled to any employee benefits, including but not limited to health insurance, unemployment compensation, or any form of statutory employment protection.
All tax obligations, social contributions, and personal liabilities arising from the Contractor’s earnings or business activities shall remain the sole responsibility of the Contractor.
Nature of the Services
The Contractor shall perform appointment setting and lead engagement services, which may include (but are not limited to) initiating contact with prospective clients, presenting commercial offers, confirming appointments, conducting follow-ups, updating databases, and executing verbal or written communication tasks on behalf of merchants or client companies represented by Blue Appointment.
The Contractor acknowledges that assignments may vary based on commercial campaigns and client requirements, and that performance metrics and eligibility for continued participation may be determined at the Company’s sole discretion.
Training, Licensing, and Certification
Prior to participating in any commercial campaign, the Contractor must purchase a professional license granting access to the Company’s proprietary theoretical training (the “Theoretical Course”), which has an estimated duration of three (3) hours.
Upon completion, the Contractor will be required to pass a comprehension assessment with a minimum score of eighty percent (80%) to qualify for the Practical Training Program, which shall be subject to additional costs and instruction by a certified trainer.
The license fee and associated training costs are non-refundable once the Contractor has accessed or commenced the first module of the Theoretical Course. Refunds may only be considered if the course has not been accessed in any form whatsoever.
Compensation and Performance Incentives
The Contractor shall receive compensation as determined by the Company, which may include a fixed base rate supplemented by performance-based commissions or bonuses, the structure of which shall be disclosed during the Theoretical Course or under a subsequent written addendum.
The Company reserves the exclusive right to modify compensation terms, incentive structures, or eligibility requirements at any time, without prior notice, insofar as such modifications are made in accordance with applicable contractual and legal standards.
Duration and Termination
This Agreement shall remain in force until terminated by either Party.
The Company reserves the right to terminate this Agreement immediately and without notice in the event of a breach, misconduct, non-performance, or any act deemed harmful to the Company’s commercial reputation or that of its clients.
The Contractor may terminate this Agreement upon written notice; however, all payments made for training, licenses, or other Company-provided materials shall remain non-refundable.
Termination shall not release the Contractor from obligations concerning confidentiality, intellectual property, or damages resulting from contractual violations.
Limitation of Liability
The Contractor acknowledges that the Company makes no express or implied guarantee regarding commercial results, income expectations, or professional outcomes arising from participation in its programs.
Under no circumstances shall the Company, its affiliates, officers, or representatives be held liable for any indirect, consequential, incidental, or punitive damages arising from the use or inability to use the training, materials, or contracted services.
Disclaimers and Representations
The Contractor understands that the services provided by the Company, including training modules and operational tools, are delivered on an “as-is” basis.
The Company disclaims all warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose.
The Contractor acknowledges full responsibility for their own diligence, effort, and skill in achieving desired outcomes.
Non-Employee Status Verification
The Contractor expressly waives any right or claim to reclassification as an employee under any federal or state labor authority.
In the event of a claim, dispute, or audit by the Internal Revenue Service (IRS) or any other governmental body, the Contractor agrees to indemnify and hold harmless the Company against all penalties, taxes, and legal expenses arising from such proceedings.
Intellectual Property and Confidentiality
All training materials, videos, modules, written guides, and related documentation provided by the Company constitute proprietary intellectual property protected under United States Copyright Law (17 U.S.C. § 101 et seq.).
The Contractor acknowledges that such content is for personal educational use only and may not be copied, downloaded, reproduced, distributed, transmitted, sublicensed, or resold in any form, whether for profit or otherwise.
Any unauthorized duplication, redistribution, or commercial use shall constitute a material breach of this Agreement and may subject the Contractor to civil and criminal liability, including but not limited to financial penalties and injunctive relief.
The Contractor shall maintain strict confidentiality regarding all proprietary information, trade secrets, training methodologies, and client-related data, and shall not disclose such information to any third party without prior written authorization from the Company.
Indemnification
The Contractor agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorney's fees) arising from:
(a) the Contractor's breach of this Agreement;
(b) misuse of proprietary materials;
(c) negligence or misconduct in the performance of services.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Laws of the United States of America and, where applicable, the laws of the State of Delaware.
Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled through binding arbitration conducted in English, under the rules of the American Arbitration Association (AAA).
Judgment upon the arbitration award may be entered in any court of competent jurisdiction.
Severability and Entire Agreement
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire understanding between the Parties and supersedes all prior communications, representations, or agreements, whether written or oral.
Contact
If you have any questions or concerns about this Privacy Policy, please contact us at admin@blueappointment.com.