These Terms govern your access to and use of 5 11 Enterprise services, including our website, dashboards, and any campaign we operate on your behalf. Read them; they're the contract.
These Terms & Conditions ("Terms") form a binding contract between you ("Partner," "you") and 5 11 Enterprise Inc. ("5 11," "we," "us"). By signing a Statement of Work (SOW), Order Form, or other written agreement that references these Terms — or by accessing or using any 5 11 service — you agree to be bound by them.
If you do not agree to these Terms, do not use the services.
5 11 Enterprise provides outsourced insurance call center services across the following verticals:
Specific deliverables, volume targets, payouts, and KPIs for any engagement are defined in the applicable SOW.
Each engagement is governed by a Statement of Work executed by both parties. An SOW will identify:
If there is any conflict between these Terms and an SOW, the SOW controls.
Fees are invoiced weekly unless otherwise specified in your SOW. New partners pre-pay weekly through their first 90 days; established partners receive Net-7 terms.
We accept wire transfer, ACH, and credit card via Stripe. Invoices are denominated in US dollars unless otherwise agreed.
Past-due invoices accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend services for invoices more than 14 days past due.
Transfer-based campaigns include a refund window (typically 60–120 seconds) and scrub criteria specified in the SOW. A transfer that:
…is credited at no charge against future invoicing. Credit disputes must be raised within 7 days of the call recording being made available.
5 11 operates every campaign in compliance with TCPA, DNC, HIPAA, CMS Medicare Marketing Guidelines, and applicable state insurance laws. See our full Compliance page for details.
You agree:
You retain ownership of all materials you provide to us — scripts, brand assets, customer lists, and data. We retain ownership of our platforms, tooling, training methodology, QA rubrics, and internal documentation.
We grant you a non-exclusive, non-transferable license to use the dashboards and reports we produce during the term of your engagement.
Each party agrees to protect the other's confidential information with the same degree of care it uses to protect its own confidential information (and never less than a reasonable standard). Confidential information includes pricing, customer data, scripts, performance metrics, and any information marked as confidential or that a reasonable person would understand to be confidential.
5 11 warrants that the services will be performed in a professional and workmanlike manner, in accordance with industry standards, and in compliance with applicable law.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee specific conversion rates, transfer volumes, or revenue outcomes. Performance estimates in proposals are based on industry experience, not contractual commitments.
EXCEPT FOR INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY BREACHES, OR LIABILITY THAT CANNOT BE LIMITED BY LAW, THE TOTAL LIABILITY OF EITHER PARTY UNDER THESE TERMS IS CAPPED AT THE TOTAL FEES PAID BY YOU TO 5 11 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF GOODWILL.
You agree to indemnify and defend 5 11 against any claims arising from: (a) your breach of these Terms or applicable law, (b) inaccurate information you provided, (c) your downstream use of leads or transfers we deliver, or (d) your products or services.
5 11 agrees to indemnify and defend you against any claims arising from our negligent operation of the services in violation of TCPA, DNC, HIPAA, or CMS Medicare Marketing Guidelines, subject to the limitations in Section 10.
These Terms remain in effect for the duration of any active SOW. Either party may terminate any SOW with seven (7) days' written notice. Either party may terminate immediately for a material breach that is not cured within ten (10) business days of written notice.
Upon termination, you remain responsible for fees accrued through the termination date. Provisions of these Terms that by their nature should survive termination (confidentiality, IP, indemnity, limitations) will survive.
Any dispute arising under these Terms will be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in San Francisco, California. Each party waives any right to a jury trial or class proceeding.
This dispute provision does not prevent either party from seeking injunctive relief in a court of competent jurisdiction for IP, confidentiality, or compliance matters.
These Terms, together with the applicable SOW and any documents incorporated by reference, constitute the entire agreement between the parties on the subject matter and supersede all prior agreements.
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles.
If any provision of these Terms is found unenforceable, the remainder will remain in full force. No waiver is effective unless in writing and signed by the waiving party.
Questions about these Terms? Email legal@511enterprise.com.