Terms of Service
UPDATED DECEMBER 15, 2020
We tailor our services for each of our Client’s requirements. Your specific services, number of Specialists and hours, and other Plan details, are outlined in the “Inclusions” section of the chosen Plan unless otherwise agreed in writing. Please also refer to our Services or Plans pages if you are undecided about your needs.
Pricing is a function of the type of work performed, skill levels and the amount of supervision required. Company may select from the Service alluded to above or OverDrive and Company may agree on different service levels and pricing. Unless otherwise agreed, there are no set-up fees of any kind.
Payments are due in advance. Once payment has been received and the Specialist(s) assigned, the work will begin (Start Date). On an ongoing basis and with the agreement of Company, OverDrive will issue invoices which Company may pay by credit card. Alternatively, EFT, wire, or Zelle payment can be used at your convenience. Company is responsible for wire fees. If your payment is not received or your credit card fails to process, we will notify you. If not resolved within 24 hours of the service renewal date, we will stop work until the problem is resolved. Payments are earned when received and there are no refunds for work performed unless there is an overpayment in which case a credit will be issued.
Pricing and Billing
As your requirements change, please let us know and we will modify your invoice as appropriate.
Additional Services Requested
All Agreements are month-to-month unless otherwise agreed. Company will automatically be billed each period, measured as a calendar month from the project start (Start Date). You may cancel automatic renewal with a 15-day notice. Cancellations receive less than 15 days from the end of the current period will be cancelled at the end of the following period unless rescinded by the Company.
OverDrive reserves the right to terminate an agreement with any Company without prior notice for lack of payment or unprofessional treatment of any of the OverDrive staff.
Monthly Renewals and Termination
Company agrees not to solicit, recruit, or hire any OverDrive Partner, Specialist, Contractor, or other Employee at any time during the life of the project or 36 months thereafter without written permission of OverDrive.
Recruiting Company Personnel
Your Specialists will work on the agreed schedule which you deem best.
Specialist’s Work Schedule
Company (Indemnifying Party) shall defend, indemnify and hold harmless OverDrive, its officers, directors, shareholders, agents, contractors and employees (each an Indemnified Party) from any and all claims, demands, obligations, liabilities, damages, expenses and actions of every kind and nature in favor of a third party.
Indemnity and Hold Harmless
This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of Texas without giving effect to principles of conflicts of law. Any dispute hereunder shall be settled by binding arbitration under the rules of the American Arbitration Association (“AAA”) in Dallas, Texas. Either party may apply to AAA for the appointment of a single arbitrator to hear such dispute, with the costs of the arbitrator to be paid by the non-prevailing party, and each party paying its own legal fees and costs.
This Agreement sets forth the entire understanding of the parties. Any amendments or modifications must be in writing to be valid.
This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Company and OverDrive.
Successors and Assigns
This agreement and the terms and conditions set forth here are between OverDrive Services and its affiliates (OverDrive), and your company (You or Company). These terms govern our agreement which involves Company’s assigning staff to serve Company. We will provide at your request and approval, skilled professionals for your needs. These may include Paralegals, Legal Assistants, General Administrative Staff, Customer Service Representatives, Marketing, Sales Support, Bookkeepers, Accountants, Case Developers, Credit and Collections and Back Office Personnel, or any other skilled Professionals (hereinafter Specialists) you require and as agreed.