Terms of Purchase & Refund Policy
The F.A.M.O.S. Group Inc., and all subsidiaries or affiliated brands (hereinafter referred to as “TFG”, “We”, “Us” or “Our”) stand behind all of our products and your satisfaction is very important to us. All purchases made from us (including all related website properties, sales over the phone, and live event on-site purchases) are covered by the following policies.
1. TIME OF THE ESSENCE: Time is of the essence for this Agreement. The Parties agree to make a good-faith effort to comply with the reasonable time requirements for the provision of services.
2. PAYMENT: The client agrees to pay TFG in accordance with the following schedule. The client is responsible to make all payments even if the Client has failed or become delayed in giving TFG materials required to complete particular tasks. All credit & debit card payments require a 3.2% processing fee unless waived upon agreement. If an account becomes 30 days past due, all campaign activities will be paused until payment is made and the account is current. If an account becomes 90 days past due, it will be sent to collections.
2.1. Engagement Fee: The Client agrees to pay TFG the one-time fees at the time this Agreement is executed which includes but not limited to your one-time setup fee.
2.2. Online Marketing Services: The Client’s failure to pay the monthly management fee will result in a suspension of TFG’s services in the Statement of Work. Payments will be auto-recharged. If you don’t pay on time, then we may send you a late notice. If we don’t get your payment within 10 days after the date on the late notice, then we may charge a late fee and/or suspend our services. Please pay us on time. Marketing services may be paused if payment has not been made by payment due date; re-initiation fees may apply.
2.2.1 Suspension for Non-Payment. If we suspend the Services pursuant to this Section 2.2, then we will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur in connection with any such suspension.
2.2.2 Fee Disputes. If you are disputing any fees, you must act reasonably and in good faith and you must cooperate diligently with TFG to resolve the dispute. You must notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within sixty (60) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.
2.3. Social Media Advertising
2.3.1. The Client is fully responsible for the decisions to create paid advertising and to fully fund the advertising which is a separate cost outside of TFG's monthly management fees;
2.3.2. TFG will assist with the design, placement, and management of paid advertising
2.3.3. The Client is responsible for the budget and payment for any paid advertising
2.4.1 If the client decides not to renew their Marketing Agreement after their first initial term, they have the option to continue using just S.C.A.L. for $297/month. Payments will be auto-recharged. If you don’t pay on time, then we may send you a late notice. If we don’t get your payment within 10 days after the date on the late notice, then we may charge a late fee and/or suspend our services. Please pay us on time.
2.4.2 Your account comes with 1000 text and voice minutes, after that, you agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
3. INFORMATION SECURITY AND PROTECTION
3.4 TFG's leased funnel solution – clients own the database information, but not the source files. TFG maintains full copyright and licensing authority on all content and other parts of a project created for a client by TFG until the full term of a contract has been fulfilled.
3.5 It is the responsibility of the client to provide full access to any account information needed for TFG to be able to complete a project. If the client wishes for TFG to take control of and manage client assets the client must coordinate the unlocking and receipt of appropriate authorization codes to allow this to happen. If this cannot be coordinated, TFG reserves the right to acquire or create new assets in order for the project to be completed.
5. CUSTOMER DATA: “Customer Data” consists of data and other information made available to us by or for you through the use of the Services under these Terms.
6. REPRESENTATIONS & WARRANTIES: Because TFG has no control over the individual search engines, TFG is unable to guarantee a specific increase of rankings, traffic or sales. Except as specifically stated within this Service Agreement, TFG disclaims all other warranties or guarantees, expressed or implied, including merchantability, suitability, noninterference, non- infringement, informational content.
6.1 Recordings and Communications Monitoring. You represent and warrant that if you record or monitor telephone calls, SMS messages, or other communications using the Services, then you will comply with all applicable laws prior to doing so and will secure all required prior consents to record or monitor communications using the Services. We make no representations or warranties with respect to recording or monitoring of telephone calls, SMS messages, or other communications. You acknowledge that these representations, warranties, and obligations are essential to our ability to provide you with access to recording and monitoring features that are part of the Services, and you further agree to indemnify us and our affiliates in accordance with the terms of Section 12 (Indemnity) for claims arising out of or related to your acts or omissions in connection with providing notice and obtaining consents regarding such recording or monitoring of telephone calls, SMS messages, or other communications using the Services.
6.1.2 Customer Data. You represent and warrant that you have provided (and will continue to provide) adequate notices and have obtained (and will continue to obtain) the necessary permissions and consents to provide Customer Data to us for use and disclosure pursuant to Section 5 (Customer Data).
7. NON-INFRINGEMENT: The CLIENT agrees to verify that all graphics, trademarks, and text that TFG uses within these listed services are legally owned by the CLIENT or received written permission from the rightful owner(s) to use. CLIENT will indemnify TFG and its employees from any liability or suit arising from improper use of such elements and shall indemnify TFG for any associated costs or losses, including attorney’s fees and costs.
8. TERM OF AGREEMENT: The term of this Agreement shall commence as of the date the Agreement is fully executed by both parties and will terminate 3 months later unless earlier terminated, as set forth below, or extended as agreed upon in this Agreement. If this Agreement is terminated, the Parties agree that the confidentiality, indemnity, and reporting obligations, covenants, undertakings, and representations of this Agreement shall survive the expiration or termination of this Agreement, for any reason whatsoever. The Parties may extend the term of this Agreement.
Clients that have completed their service agreement term own the data but do not receive copies of the work created by TFG, which would include proprietary information or source code files, which extends to any and all purchased or created domain names, SSL’s, photographs, content, copywriting, marketing, code, design, optimization, etc. as part of the project.
9. TERMINATION OF THIS AGREEMENT WITH CAUSE: One party may immediately terminate this Agreement by written notice to the other party upon the occurrence of any of the following:
9.1. A party is in default of any of the provisions of this Agreement;
9.2. The death of one of the principals of either party or if a principal is physically or mentally unable to perform their duties during the term of this Agreement;
9.3. Insolvency, or voluntary or involuntary filing of a bankruptcy proceeding under applicable state or federal law by either party;
10. INDEPENDENT CONTRACTOR STATUS: The Parties are expressly not creating a joint venture, partnership, employment, agency or other relationship. TFG’s relationship with Client is strictly as a marketing expert.
11. NON-SOLICITATION OF EMPLOYEES: Client agrees that without expressed written consent, at all times while Client is employing the services of The F.A.M.O.S. Group and for twelve (12) months after contract period terminates, Client will not, directly or indirectly, whether individually or as an officer, director, employee, consultant, partner, stockholder, individual proprietor, joint venturer, investor, lender, consultant or any other capacity whatsoever: solicit, divert hire, retain (including as a consultant) or encourage to leave the employment or contract period of The F.A.M.O.S. Group and any employee or contractor of The F.A.M.O.S. Group, or hire or retain (including as a consultant) any former employee of The F.A.M.O.S. Group who has left the employment or contract period of The F.A.M.O.S. Group within twelve (12) months prior to such hiring or retention.
12. INDEMNITY: Client shall indemnify TFG against any and all losses and expenses, including legal fees and expenses, arising from any proceeding that:
12.1. Is brought by a third party or by TFG against a third party; and,
12.2. Arises out of the Client’s breach of its obligations, covenants, representations, or warranties under this Agreement.
13. ATTORNEY'S FEES AND COSTS: In the event, any litigation or other dispute resolution proceeding is commenced arising out of or relating to this Agreement, then the prevailing party shall be entitled to recover its attorney's fees and costs, whether at the pre-trial, trial or appellate levels.
14. LIMITATION OF LIABILITY: As part of TFG’s undertaking this agreement, anything in this or any Agreement to the contrary notwithstanding, TFG’s liability for default or breach, including breach of any guarantee or warranty, expressed within this Agreement, shall be limited to the amount actually paid to TFG by Client under this Contract. The client agrees that TFG shall have no liability for loss of product or sales, lost profit, loss of website use or any other indirect, incidental, economic, consequential damages.
15. APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
16. VENUE AND JURISDICTION: Any dispute regarding this Agreement shall only be brought in the courts located in Broward County, Florida. The parties waive any argument or objection to personal jurisdiction, forum non-conveniens, or any other related jurisdictional objection that they may have in the future.
17. JURY TRIAL WAIVER: THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING UNDER THIS AGREEMENT.
18. SEVERABILITY: If any provision or any part of any provision of this Agreement, or the application of any provision or any portion to any person or circumstance, shall be held invalid or unenforceable, the remaining portion of such provision and remaining provisions of this Agreement shall not be affected.
19. MODIFICATIONS: This agreement may be changed, modified or amended only in a written modification that is duly executed by authorized representatives of both parties.
20. OWNERSHIP & CONFIDENTIALITY: TFG agrees that terms and conditions under this Agreement and its contractual relationship with Client are considered confidential information, which includes technical and business information, including the terms of this Agreement. TFG shall not and will take all reasonable actions to ensure TFG’s agents do not use any such confidential information for any purpose other than the provision of the services under this Agreement. TFG shall not disclose any confidential information to any third party without the prior written consent of Client, except as may be required under state or federal law. In the event applicable law requires TFG to disclose confidential information, TFG shall immediately notify Client of the request for disclosure, and to the extent permissible by law, the Client may respond to such request.
20.1 Use of Marks. You grant TFG the right to use your name, logo, and a description of your use case to refer to you on TFG's website, earnings release and calls, marketing or promotional materials, subject to your standard trademark usage guidelines that you provide to us from time-to-time.
21. AUTHORITY: The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the Parties. All previous representations are merged and integrated into this Agreement. This Agreement may be executed in any number of counterparts all of which constitute a single original Agreement.
IN WITNESS WHEREOF, the parties have executed this Marketing Agreement on the date first set forth in this agreement.