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Contract Terms
CONTRACT DURATION:
Although this Agreement comes into effect on the date the Agreement is signed by the Client, granted that the initial payment has also been made, the contract duration does not begin until the Client’s ad campaign goes live.
90 DAYS: Starting the day the campaign goes live, this agreement lasts for a period of 90 calendar days and will automatically renew as outlined in Section 3 Clause 7 of this Agreement. However, if the lead guarantee as outlined in Section 8 Clause 1 of this Agreement has not been reached during the agreed upon 90 day period, and the Client has not waived their lead guarantee as outlined in Section 8 Clause 2 of this Agreement, Techfektor Media Group LLC will continue to run the Client’s campaign without renewing the Agreement or charging the client additional management fees until the lead guarantee is met, as outlined in Section 8 Clause 3 of this Agreement.
180 Days: Starting the day the campaign goes live, this agreement lasts for a period of 180 calendar days and will automatically renew as outlined in Section 3 Clause 7 of this Agreement. However, if the lead guarantee as outlined in Section 8 Clause 1 of this Agreement has not been reached during the agreed upon 180 day period, and the Client has not waived their lead guarantee as outlined in Section 8 Clause 2 of this Agreement, Techfektor Media Group LLC will continue to run the Client’s campaign without renewing the Agreement or charging the client additional management fees until the lead guarantee is met, as outlined in Section 8 Clause 3 of this Agreement.
1.2 PAYMENT OPTIONS:
Management fees may be paid from the Client to Techfektor Media Group LLC via monthly installments or may be paid in full at the time of signing this Agreement. Management fees are payment for the services provided as outlined in Section 7 Clause 1 in this Agreement, and do not include the additional cost of ad spend as outlined in Section 7 Clause 4 of this Agreement.
MONTHLY INSTALLMENTS: When paying in monthly installments, the initial payment is processed at the time of signing this Agreement, as outlined in Section 7 Clause 2 of this Agreement and subsequent payments are processed every (30) days after the Client’s campaign goes live, as outlined in Section 7 Clause 3 of this Agreement.
PAID IN FULL: When paying in full, a single payment is processed at the time of signing this Agreement, as outlined in Section 7 Clause 3 of this Agreement.
2. DEFINITIONS:
2.1 QUALIFIED LEAD: A qualified lead is defined as an individual who has viewed and interacted with the Client’s ad, provided contact information, and requested to receive a free on-site consultation for the services provided by the Client. Techfektor Media Group LLC can not determine or insure that the individual providing information as a lead has not made similar inquiries with other companies. Techfektor Media Group LLC makes no expressed or implied warranties regarding the Client’s conversion rate from leads to sales.
2.2 CAMPAIGN OPTIMIZATION PROCESS: The process by which Techfektor Media Group LLC makes calculated changes to the Client’s campaign in order to achieve the most successful campaign results and ensure the highest yield on the Client’s investment.
2.3 Inside Sales Agents (ISA): The ISA service provided by Techfektor Media Group LLC is an appointment setting service in which each client is assigned an agent to follow up with and nurture the leads in their sales pipeline, further qualify said leads, and schedule the leads for a free on-site estimate with the Client.
3. TERMS OF AGREEMENT:
3.1 NO EXCLUSIVITY: Techfektor Media Group LLC and the Client understand and acknowledge this Agreement is not an exclusive agreement. The parties agree and acknowledge that both parties are free to enter into similar agreements with other parties.
Techfektor Media Group LLC agrees not to enter into any agreements that conflict with their obligations to the Client under this Agreement.
The Client agrees and acknowledges that while it is permitted, entering into any similar agreements with other parties may negatively impact the overall success of the services provided by Techfektor Media Group LLC.
3.2 CONFIDENTIALITY: Techfektor Media Group LLC must act in good faith at all times in relation to the Client’s confidential information. Techfektor Media Group LLC must exercise reasonable precautions to protect the confidentiality of the Client’s confidential information and must not willfully disclose any and all confidential information pertaining to the Client without the Client’s prior written consent.
3.3 MORALITY CLAUSE: Neither Techfektor Media Group LLC, nor the Client, shall commit any act or do anything which might reasonably be considered to be illegal, immoral, unethical, deceptive, fraudulent, scandalous, or obscene; or to injure, tarnish, damage, or otherwise negatively affect the other party or the reputation and goodwill associated with the other party or themselves. If either party is reasonably accused of any such act, and the other party has documentation citing when and how this morality clause was breached, the non-offending party reserves the right to terminate this Agreement, effective immediately. In order to terminate the Agreement due to a breach of the morality clause, the non-offending party must notify the offending party and include the aforementioned documentation citing when and how the clause was breached, as well as explicitly stating that the Agreement is being terminated effective immediately due to the alleged violation.
3.4 SEVERABILITY: If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this agreement will still be enforceable.
3.5 WAIVER: Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to by both parties in writing. If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.
3.6 AMENDMENT: Neither Party can amend the existing Agreement, or any rights or obligations under this Agreement, unless agreed to by both parties in writing. If any provision, right, or obligation is amended, it is only amended to the extent agreed to in writing.
3.7 AUTORENEWAL: This Agreement lasts for the period of time outlined in Section 1 of this Agreement and upon expiration of the initial term, this Agreement shall automatically be extended for successive additional terms equal to the current term until terminated by the Client or by Techfektor Media Group LLC pursuant to Section 9 of this Agreement.
3.8 DISPUTE RESOLUTION: In the event of a dispute, Techfektor Media Group LLC and the Client agree to work toward a resolution through good faith negotiation. In the event that a dispute can not be resolved through good faith negotiations, both parties agree to submit to binding mediation and arbitration. In the event of arbitration and/or mediation, the prevailing party will be entitled to its legal fees, including, but not limited to, its attorney’s fees.
3.9 LIMITATION OF LIABILITY: Techfektor Media Group LLC shall not be liable to the Client for any special, indirect, incidental, or consequential damages arising out of or in connection with this Agreement or the services provided hereunder.
3.10 GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia without giving effect to any principles of conflicts of law.
3.11 NOTICES: All notices for this Agreement must be sent via email with a read receipt requested. However, additional notices may be made in conjunction with the official notice via text, phone call, or video conference.
3.13 REFUND POLICY: All sales are non-refundable. The Client agrees and acknowledges that all sales are final and also agrees that any disputes regarding Techfektor Media Group LLCs completion of the services and deliverables as outlined in Section 4 of this Agreement shall be addressed directly as outlined in Section 3 Clause 8 of this Agreement.
3.14 PAUSE POLICY: Continuation of Billing During Pause: If the Client wishes to pause their campaign during the contract period, they acknowledge that normal billing for services will continue in accordance with the original contract terms, although ad spend will be suspended during the pause period.
Limitations on Pauses Post-Contract Period:
- Frequency and Duration of Pauses: Post the contract period, the Client is entitled to pause their campaign a maximum of two (2) times per year, with each pause not exceeding thirty (30) consecutive days.
- Procedure for Initiating a Pause:
- Mandatory Zoom Call: To initiate a pause, the Client must schedule and conduct a Zoom call with their account manager at Techfektor Media Group LLC. During this call, the account manager will discuss and review the available pause options with the Client.
- Pause Request Submission: Following the Zoom call, the Client must formally submit their pause request through the pause form provided by Techfektor Media Group LLC. This submission must be completed no later than seventy-two (72) hours prior to the Client’s next scheduled management fee payment.
- Pause Fee: A pause fee of $250 is applicable, charged to maintain the Client's prioritized position in Techfektor Media Group LLC's client list.
- Acknowledgement of Potential Impact on Campaign: The Client understands and agrees that:
- Pausing the campaign may adversely affect its overall success.
- The optimization process for the campaign will reset upon resumption post-pause, potentially requiring additional time and effort for effective re-optimization.
3.15 CAMPAIGN REQUIREMENTS: The Client acknowledges and agrees that although requests made by the Client for campaign changes will be considered and accommodated to the greatest degree possible, Techfektor Media Group LLC has specific campaign requirements that must be met in order to achieve the guarantee outlined in Section 8 of this Agreement.
4. SERVICES AND DELIVERABLES
Techfektor Media Group LLC shall provide services and deliverables to the Client in accordance with this Agreement. Techfektor Media Group LLC warrants to the Client that all services and deliverables provided to the Client will conform with the specifications of this Agreement.
4.1 LEAD GENERATION: Techfektor Media Group LLC shall generate qualified leads for the Client through its online lead generation program. Techfektor Media Group LLC will make every effort to ensure the leads generated meet the established qualifications as defined in Section 2 Clause 1 in this Agreement.
Leads are generated using a custom and proven process created by Techfektor Media Group LLC.
Lead generation process includes but is not limited to avatar research to determine and target specific audiences, professionally crafted ad copies and creatives, split A/B testing of ads, and regular monitoring and optimization of ads.
Lead generation process is subject to change in accordance with changes made to the lead generation platform(s) being utilized, as well as in accordance with industry best practices and standards.
4.2 MASTERMIND COACHING CALLS: Techfektor Media Group LLC shall host and provide the Client access to a minimum of (30) mastermind coaching conference calls per year. Calls must be conducted in a way that primarily focuses specifically on the home contractor industry and provides both networking and learning opportunities to the Client.
4.3 CONTRACTOR GROWTH TRAINING COURSE: Techfektor Media Group LLC shall host and provide the Client access to their custom and proven Contractor Growth Training Course.
5. CLIENT CONTENT:
Client must provide a minimum of (10) photos and/or videos of completed projects, to be used as needed in ad creatives. Additional photos and/or videos of before and after projects, projects that are under construction, and client testimonials.
Client acknowledges and agrees that failure to provide the minimum amount of photos/videos required may result in an additional fee for quality stock photos to be used in lieu of client photos/videos.
In addition to the photos/videos provided to Techfektor Media Group LLC by the client, the Client also grants Techfektor Media Group LLC access and permission to use any and all photos and/or videos found on the Client’s Facebook page, Instagram account, and/or website.
Client acknowledges and agrees that in addition to all photos/videos provided to Techfektor Media Group LLC, stock photos and/or videos may also be used for their campaign at the discretion of Techfektor Media Group LLC.
5.2 PROVEN SYSTEM: Client must follow the proven appointment and sales process created by Techfektor Media Group LLC in order to improve their sales close rate.
Clients without ISA services must follow up with new leads immediately and consistently from the time the lead enters into the sales pipeline.
Clients with ISA services must follow up with booked leads consistently from the time of the scheduled appointment.
Clients with ISA services acknowledge and agree that interacting with leads in the sales pipeline who have not yet been scheduled by their ISA agent may have a negative impact on the lead to booked appointment conversion rate.
5.3 ORGANIC CONTENT: Client must post organic content to their Facebook, Instagram and/or Website on a weekly basis.
5.4 COACHING CALLS: Client must attend a minimum of (2) Mastermind Coaching Calls each calendar month.
5.5 CHECK-IN CALLS: Client must attend a minimum of (1) check-in call with their Client Success Representative via Zoom each calendar month. Client acknowledges and agrees that failure to prioritize these check-in calls may result in a negative impact on the overall success of their campaign.
5.6 CHANGES TO CLIENT OBLIGATIONS: Client obligations and required minimum ad spend outlined in this Agreement may not be changed throughout the initial contract duration without both parties signing an amendment, as outlined in Section 3 Clause 6 of this Agreement. However, contracts are set to autorenew, and Techfektor Media Group LLC reserves the right to make changes to the client obligations and/or required minimum ad spend at the time of contract renewal. Techfektor Media Group LLC will make a minimum of (3) attempts to inform the Client over no less than (3) business days prior to making such changes without the Client’s expressly written permission. In the event that changes to client obligations and/or required minimum ad spend are made and Techfektor Media Group LLC has attempted but been unable to obtain the Client’s expressly written permission, the Client may automatically waive their lead guarantee as outlined in Section 8 Clause 2 of this Agreement.
6. PROPRIETARY / INTELLECTUAL PROPERTY RIGHTS
- The Client acknowledges and agrees that all texts and images utilized by Techfektor Media Group LLC, including but not limited to ad copies, creatives, and scripts, are the proprietary intellectual property of Techfektor Media Group LLC and only Techfektor Media Group LLC. The Client acknowledges and agrees that any attempt by the Client or any other parties to use the aforementioned proprietary intellectual property without expressly written permission from Techfektor Media Group LLC, may result in legal action, including but not limited to potential legal action as outlined in Section 3 Clause 8 of this Agreement.
- 6.1.1 Exclusive Leads During Contract Term: All leads generated through the services provided by Techfektor Media Group LLC during the term of this Agreement are exclusive to the Client. This exclusivity is contingent upon the duration of this contract and adherence to the terms outlined herein.
- 6.1.2 Transfer of Lead Ownership: If the Client wishes to obtain ownership of the leads generated during the contract term, the Client must notify Techfektor Media Group LLC via email at support@techfektor.com. Upon receiving such notification, Techfektor Media Group LLC agrees to export and transfer the leads to the Client in a standard digital format.
- 6.1.3 Deadline for Notification: The Client must send the ownership request email to Techfektor Media Group LLC within the duration of the contract term. Failure to provide such notification before the end of the contract term will result in Techfektor Media Group LLC retaining full ownership of the leads.
7. PAYMENTS
7.1 MANAGEMENT FEES: Management fees are payment for the services and deliverables provided by Techfektor Media Group LLC to the Client, as outlined in Section 4 of this Agreement, and do not include the cost of ad spend, which is paid separately throughout the course of the billing cycle.
7.2 AMOUNT DUE AT SIGNING: The Client’s initial management fee payment is taken at the time of signing, as outlined in Section 1 of this Agreement. The amount due is dependent upon the product, tier, contract duration, and payment option selected by the client.
7.3 BILLING CYCLES: The Client’s initial management fee payment is taken at the time of signing this contract as outlined in Section 7 Clause 2 of this Agreement. The Client’s billing cycle begins the day the Client’s campaign goes live, and subsequent billing dates are determined based on which payment option the Client has agreed upon as outlined in Section 1 of this Agreement.
Clients opting into our monthly installments payment option will have management fees charged to the Credit Card on file every 30 days.
Clients opting into our Paid In Full (PIF) payment option will have management fees charged to the credit card on file every time this contract auto renews as outlined in Section 3 Clause 7 of this Agreement.
7.4 AD SPEND: Ad Spend is the daily cost of purchasing the ad space on the platform of choice. The daily ad spend amount is determined and agreed to in Section 1 of this Agreement and is charged to the credit card on file.
Due to delayed attribution across platforms, ad spend may be calculated retroactively. Due to this retroactive calculation process, when the Client pauses and/or terminates their campaign, they may still have ad spend charges processed after the pause or cancellation date.
If the Client requests cancellation prior to the end of the existing Agreement, any outstanding ad spend is still the Client’s financial responsibility. Upon pause and/or cancellation, the outstanding ad spend balance will be processed automatically. If a failed ad spend payment occurs, Techfektor Media Group LLC will inform the Client. Techfektor Media Group LLC will make a minimum of (3) attempts to inform the Client over no less than (3) business days. Failure to pay this amount within (15) business days of receiving notice may result in the outstanding balance being sent to collections.
7.5 CHARGEBACKS: If Techfektor Media Group LLC incurs a Chargeback on a payment charged to the Client, the Client is responsible for having the Chargeback reversed by their bank in a timely manner. If the Chargeback is not reversed in a timely manner or if more than one Chargeback is incurred throughout the term of this Agreement, the Client may be offboarded as outlined in Section 9 of this Agreement.
In the event of a Chargeback, an administrative fee of $100 may also be charged to the Client.
In the event of a Chargeback, the Client automatically waives their Lead Guarantee for their current contract, as outlined in Section 8 Clause 2 of this Agreement.
8. GUARANTEE
8.1 RISK AVERSION POLICY AND LEAD GUARANTEE: With the exception of situations resulting in the Client waiving the lead guarantee as outlined in Section 9 of this Agreement, Techfektor Media Group LLC hereby guarantees to provide the Client with a minimum number of qualified leads as outlined in Section 1 of this Agreement.
8.2 WAIVER OF LEAD GUARANTEE: Techfektor Media Group LLC offers a risk aversion policy and lead guarantee as outlined in Section 8 Clause 1 of this Agreement. However, the lead guarantee may be void and waived by the Client if specific situations occur.
DISABLED AD ACCOUNT: If the Client’s ad account is disabled as a result of non-payment of ad spend for (3) or more days throughout the duration of this Agreement, Techfektor Media Group LLC shall not be held liable for failure to fulfill the services and deliverables outlined in Section 4 of this Agreement.
CHARGEBACKS: If Techfektor Media Group LLC incurs a Chargeback on a payment charged to the Client, Techfektor Media Group LLC shall not be held liable for failure to fulfill the services and deliverables outlined in Section 4 of this Agreement.
CHANGES TO CLIENT OBLIGATIONS AND AD SPEND: Client obligations and required minimum ad spend are subject to change at the time a contract is autorenewed, as outlined in Section 5 Clause 6 of this Agreement. If Techfektor Media Group LLC has attempted to inform the Client of these changes as outlined in Section 5 Clause 6 of this Agreement and has been unsuccessful in reaching the Client, the Client’s lead guarantee may be waived until the Client is responsive and an amendment to the current Agreement can be signed by both parties.
REQUESTS FOR CAMPAIGN CHANGES: In the event that the Client requests Techfektor Media Group LLC to make specific changes to their campaign and the Client is advised by Techfektor Media Group LLC that said changes may be in direct conflict with the campaign requirements as outlined in Section 3 Clause 15 of this agreement, and/or may have a negative impact on their campaign, the Client may be asked to waive their lead quota in order for Techfektor Media Group LLC to accommodate their request.
8.3 “WORK FOR FREE” GUARANTEE: If the lead guarantee is not met throughout the duration of the current Agreement as outlined in Section 1 of this Agreement, Techfektor Media Group LLC guarantees they will not autorenew the current agreement or process the Client’s management fees until the current lead guarantee has been met. Once the lead guarantee is met, this Agreement will autorenew and the Client will automatically be charged for management fees.
9 TERMINATION AND OFFBOARDING POLICY: Both parties reserve the right to terminate the contract at any given time. However, if the Client opts to terminate this agreement prematurely, they may be subject to early termination fees as outlined in Section 9 Clause 4 of this Agreement. In addition to submitting a cancellation form in a timely manner, the Client is also required to schedule and attend an offboarding Zoom conference call with their Client Success Representative to finalize the termination of this Agreement. The Client acknowledges and agrees that failure to submit the cancellation form and/or failure to schedule and attend an offboarding call, may result in additional administrative and/or termination fees.
9.1 TERMINATION BY CLIENT WITH OR WITHOUT CAUSE: This Agreement may be terminated by the Client with a 30-day notice of nonrenewal prior to the expiration of the initial term or any successive renewal term. This notice should be given by reaching out to your account manager provided by Techfektor Media Group LLC.
9.2 TERMINATION BY TECHFEKTOR MEDIA GROUP LLC WITH OR WITHOUT CAUSE: This Agreement may be terminated effective immediately by Techfektor Media Group LLC at any time with written notice to the other party.
If the contract is terminated by Techfektor Media Group LLC effective immediately, a full or partial refund will be issued to the Client for any and all services or deliverables which were paid for but not completed, minus any outstanding balances currently owed by the Client.
If Techfektor Media Group LLC invokes their right to refuse to renew the current contract at the end of the current contract term, the Client must be provided with written notice prior to the expiration of the current contract term.
9.3 TERMINATION UPON INSOLVENCY: This Agreement may be terminated by either party due to the Client being unable to complete any current or upcoming financial obligations related to this Agreement.
FAILED PAYMENTS AND CHARGEBACKS: Both parties acknowledge and agree that in the event the Client has outstanding failed payments and/or has filed a chargeback through their bank, in addition to their outstanding balance, further administrative and/or termination fees may be incurred.
OUTSTANDING BALANCES: At the time of the offboarding call, the Client will be informed of any and all outstanding balances. In the event the Client has failed payments and has not properly requested cancellation, Techfektor Media Group LLC will make a minimum of (3) attempts over no less than (3) business days to notify the Client of any and all outstanding balances. If the Client is unable to be reached during this time and/or if the Client is reached but does not pay off all outstanding balances within (15) business days of being notified of their outstanding balance, the outstanding balance may be sent to collections.
9.4 EARLY TERMINATION FEES If the Client elects to terminate this Agreement and requests cancellation prior to the agreed upon contract duration, a fee equal to (50%) of the remaining balance of management fees will be owed to Techfektor Media Group LLC as an early termination fee. Failure to pay this early termination fee within (15) business days of submitting the cancellation request and/or the first failed payment, as well as failure to pay any outstanding balance at the time of cancellation may result in the outstanding balance being sent to collections
10. RECURRING PAYMENT AUTHORIZATION FORM
Payment for our services will be automatically deducted monthly from your bank account or charged to your Credit Card (Visa, MasterCard, American Express, or Discover Card). Please complete and return this form as soon as possible.
Here’s How Recurring Payments Work: You authorize regularly scheduled charges to your bank account or credit card. You will be charged the amount indicated below each billing period; this amount may be adjusted if the scope of services changes or as described in the Client Agreement. You agree that no prior notification will be provided prior to the payment being collected.