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RMH Teleservices / MCI Worldcom - Call Center Services Agreement
EXHIBIT 10.44
CALL CENTER SERVICES AGREEMENT
BETWEEN MCI WORLDCOM COMMUNICATIONS, INC.
AND RMH TELESERVICES INC.
This Agreement ("Agreement") is entered into as of March 16, 2001 ("Effective Date") by and between MCI WORLDCOM Communications, Inc. ("MCI") and RMH Teleservices, Inc. ("RMH")(referred together herein, as the "Parties" or separately, as a "Party").
RECITALS
WHEREAS, MCI is a telecommunications company that offers its customers a wide variety of telecommunications services and products;
WHEREAS, RMH is in the business of providing various sales, marketing and customer service support services to its clients;
WHEREAS, MCI desires to retain RMH to perform independent contractor services for MCI's telemarketing, customer service support and related telemarketing and customer service call center functions and RMH agrees to provide such services to MCI according to the terms of this Agreement;
NOW, THEREFORE, in consideration of the mutual provisions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, MCI and RMH hereby agree as follows:
1. DEFINITIONS. Defined terms shall have the meanings set forth in Schedule A
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(Definitions). Defined terms not appearing in Schedule A shall have the
meaning set forth elsewhere in the Agreement.
2. SERVICE.
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2.1 Services Description. The call center services to be provided
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by RMH under the terms of this Agreement shall consist of (i)
handling and resolving inbound MCI telecommunication-related
customer service inquiries, and "up selling" MCI
telecommunication-related services to MCI Customers ("Customer
Service Call(s) or "Call(s)") whose calls are received and
routed via MCI's network platform to a customer service call
center; (ii) placing outbound telemarketing calls
("Telemarketing Call(s)" or "Call(s)") to MCI residential
consumer leads; and (iii) any other services as mutually agreed
upon by the Parties. These functions will collectively be
referred to as the "Services". The Services shall be offered in
English and Spanish with other languages to be added subject to
the Parties' mutual agreement.
2.2 Performance Standards. The Services provided by RMH shall be in
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accordance with MCI's Policiesand Procedures and the
performance standards used in determining Top Center Ranking
(Schedule B). RMH agrees to comply with all Policies and
Procedures received by it. RMH acknowledges receipt of Policies
and Procedures by delivery to the appropriate RMH Authorized
Individual. Policies and Procedures and performance standards
shall be modified by MCI from time to time at MCI's discretion.
All modifications will be consistent with the Policies and
Procedures and performance standards utilized by MCI for its
Internal Centers.
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2.3 Changes to Services. MCI may request RMH to change the Services
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being performed by RMH under this Agreement through a written
change request ("Change Request"). RMH shall endeavor in good
faith to advise MCI as to the most cost-effective and efficient
means of implementing such Change Request. Upon MCI's approval
of the costs and ramp-up schedule associated with the Change
Request(s), RMH shall implement the Change Request(s) and MCI
shall pay the appropriate charges, if any, in accordance with
the Change Request agreement(s) of the Parties, as confirmed in
a written amendment to this Agreement.
3. RMH'S OBLIGATIONS.
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3.1 Implementation Date. RMH agrees to have all necessary
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preparation measures completed on or before March 26, 2001 or a
later date if agreed upon by the Parties (the "Implementation
Date"), including, but not limited to, its facilities, staffing
and training, necessary to implement the Services.
3.2 Staffing. RMH shall provide all live support necessary to
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perform the Services at the Handle Minute Forecast and Work
Hour Forecast. Upon MCI's reasonable notice to RMH, RMH's
customer service support shall be available to operate eighteen
(18) hours a day, three hundred and sixty-five (365) days a
year. Customer service operations may be expanded to twenty-
four (24) hours a day subject to the Parties' mutual agreement.
RMH shall be capable of providing telemarketing services to MCI
from 8:00 a.m. to 9:00 p.m. local time of Customer called
Monday through Friday and 9:00 a.m. to 5:00 p.m. local time of
Customer called Saturday and Sunday, except as otherwise
restricted by applicable law. RMH shall be solely responsible
for hiring, managing, and compensating all CSRs, TMRs,
Supervisors, HR/Recruiters, and Center Management and
Administrative Personnel necessary to perform the Services. RMH
shall determine, and be solely responsible for meeting the
appropriate level of TMRs and CSRs necessary to provide the
Services at the Handle Minute Forecast and Work Hour Forecast
and in accordance with the performance standards and Policies
and Procedures.
3.2.1 Account Manager. RMH shall assign a RMH employee to be a
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liaison between MCI and RMH, who will (i) submit material
and information requests to MCI; (ii) provide reasonable
access to RMH's staff to answer questions; and (iii)
provide schedules and plans to MCI for MCI's review
and/or approval.
3.2.2 RMH Operations Team. By the Implementation Date, RMH
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shall assign RMH personnel to a vendor operations team to
work with the MCI Operations Team on a regular basis (the
"RMH Operations Team"). Upon the departure of an RMH
Operations Team member for any reason during the term of
this Agreement, RMH shall be responsible for replacing
that individual with another qualified individual within
thirty (30) days of the departure date. The RMH
Operations Team is set out in Schedule F.
3.2.3 Compensation. RMH agrees to pay its employees performing
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the Services pursuant to the compensation grids set out
in Schedule G. If MCI, at its sole discretion, modifies
any of the Tables outlined in the compensation grids set
out in Schedule G, RMH shall have the right to modify
their telemarketing and customer service pricing
structure set out in Schedule C to cover those
modifications.
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3.3 Monitoring. Without prior notice to RMH, MCI shall have the right
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to monitor and record on-site at the RMH Centers and to monitor
and record remotely outside the RMH Centers, to the extent
permitted by law and at MCI's discretion, RMH's CSRs and TMRs
handling Calls and performing Services for MCI. MCI shall share
the results of its monitoring upon request by RMH. RMH agrees
that it will secure from all employees serving as CSRs or TMRs
under this Agreement written consent to be monitored by RMH and
MCI. In addition, RMH will, from time to time, or upon request by
MCI, notify MCI regarding RMH's current written policies
regarding monitoring of its CSRs and TMRs by its own personnel.
3.4 Facilities. RMH shall support the Services at its Houston, TX
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call center facility. RMH shall support additional MCI call
volume at mutually approved RMH call center locations (the "RMH
Centers"). RMH shall be responsible for all costs associated with
any decision RMH initiates to open a new call center or
consolidate or relocate any RMH Center with the exception that
MCI will be responsible for providing MCI Equipment and/or MCI
Software or MCI Proprietary Software. Any new, consolidated or
relocated RMH Center must be approved in advance by MCI.
3.4.1 MCI Facility Space. During the Term of this Agreement, RMH
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agrees to provide MCI offices and cubes adequate to ensure
that MCI can perform its obligations under this Agreement.
Each desig