Pro Services Terms

Introduction & Definitions:

Welcome to the UnlockTheROI Terms of Service. These terms outline how you purchase and utilize services from UnlockTheROI.

Throughout these terms, we will refer to the customer as “You, Your, Yours” and to UnlockTheROI as “We, Us, Our.”

1. The Services We Offer

1.1 Scope of Services:

These Terms of Service apply to any and all services in which you participate with UnlockTheROI, regardless of the method
or context of delivery.

1.2 Changes to Service Scope:

You may request modifications to the service scope, which We may accept at Our discretion. Additional fees may apply, and You will be informed before these are charged.

1.3 Service Delivery:

Services will be performed by either a representative or a subcontractor of UnlockThe ROI. We reserve the right to use subcontractors or partners as necessary.

2. Your Commitments

2.1 Timelines:

Engage in consultations and activities to ensure the project stays on schedule. Failure to engage timely may result in delays for which we are not responsible.

2.2 Access:

Provide all necessary data and access required to complete the project.

2.3 Implementation:

Follow through on the strategies and recommendations We provide. Failure to implement these strategies may result in diminished service effectiveness for which we are not liable.

3. Financial Terms

3.1 Fees:

Fees are detailed on the checkout page.

3.2 Payment:

Full payment is required upfront to commence services. Subscriptions are billed in advance in order to begin any subscription based services.

3.3 Late Payments:

You are liable for all associated costs and fees from late payments. We may impose a late fee of up to 5% per month, or the maximum permitted by law.

3.4 Service Interruption:

We may pause services until any overdue payments are received.

3.5 Taxes:

You are responsible for all applicable taxes; Our fees do not include tax.

4. Ending Our Work Agreement

4.1 For Convenience:

You may terminate a service at your convenience. Please notify the UnlockThe ROI Point of Contact in writing at least 15 days in advance. We will make reasonable efforts to minimize costs immediately upon cancellation notice.

4.2 For Cause:

Either party may terminate the service due to the other’s defined failure (e.g., late payments). A 15 business day notice is required before cancellation can be executed. Immediate termination is applicable if either party faces severe financial difficulties, such as bankruptcy.

5. Confidential Information

5.1 Definition of Confidential:

 Any information labeled as ‘confidential’ or that should reasonably be considered confidential.

5.2 Protecting Information:

Both parties agree to protect each other’s confidential information by restricting access to those who need it for the service.

5.3 Legal Disclosure:

If legally required, the disclosing party will share the other’s confidential information following all applicable laws, notifying
the other party if legally permissible, and making reasonable efforts to limit the disclosure to what is legally required.

6. Intellectual Property

6.1 Ownership:

Each party retains its respective intellectual property.

6.2 Use of Tools and Materials:

Any tools or materials used or developed by UnlockTheROI during the service remain Our property, though licenses for ongoing use may be granted for a fee.

6.3 Licensing:

We grant you rights to use Our products solely for your business needs. Resale of Our products or intellectual property is prohibited without a proper licensing agreement.

7. Updates to These Terms

7.1 Revisions:

We reserve the right to modify these terms at Our discretion. Continued use of Our services implies acceptance of the revised terms. Notifications of changes will be communicated via email or through a notification on our website.

8. Guarantees and Disclaimers

8.1 Service Guarantee:

We guarantee to fulfill all agreed-upon work items with the highest standard of professionalism. While we aim to support your sales efforts, specific sales outcomes are no guaranteed. If our service delivery does not meet your expectations or if you are unsatisfied with our execution, we will attempt to rectify the issues at no additional cost. You have up to 14 days from the purchase date to request that we rectify the concern. Failing that, a refund can be issued provided you have met all your commitments (See 2. Your Commitments).

8.2 Time Limit for Claims:

Claims regarding service dissatisfaction must be made within 14 days of the purchase date. Beyond this period, any
refunds are at our discretion.

8.3 Disclaimers:

Our services are provided “as is” and without warranty, except as explicitly stated in this agreement.

8.4 Non-Refundable Services:

Please note that recurring services are non-refundable as they involve resource allocation regardless of usage.

9. Indemnification

9.1 Your Obligations:

You agree to defend, indemnify, and hold harmless UnlockTheROI, its affiliates, partners, officers, directors, employees, subcontractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms of Service, or your violation of any rights of another. This duty includes claims arising from your negligence or willful misconduct and extends to scenarios
involving your misuse of our intellectual property, including specific examples such as unauthorized reproduction or distribution.

9.2 Claim Process:

Upon becoming aware of a potential claim, you must promptly notify UnlockTheROI in writing. UnlockTheROI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, using counsel chosen by UnlockTheROI. You must
cooperate with our defense of these claims. You may not settle any matter without the prior written consent of UnlockThe ROI.

10. Limits of Our Liability

10.1 General Limitations:

To the fullest extent permitted by law, UnlockTheROI, its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage.

10.2 Specific Cap on Liability:

Our total liability to you for all claims arising from the use of the Services, whether in contract, tort, or otherwise, will not exceed the lesser of the amount you have paid to UnlockTheROI for the service in the previous twelve months or one hundred dollars ($100), unless other statutory provisions apply.

11. General Provisions

11.1 Entire Agreement:

This document constitutes the entire agreement between You and Us.

11.2 Assignment:

Rights under this agreement cannot be transferred without consent, except by UnlockThe ROI during a corporate restructuring.

11.3 Relationship:

Our relationship is not exclusive unless explicitly agreed.

11.4 Force Majeure:

Neither party is liable for delays caused by uncontrollable events.

11.5 Governing Law:

This agreement is governed by Utah law. The prevailing party in any legal proceedings may recover attorney’s fees.

11.6 Notices:

All official communications must be in writing.

11.7 Waiver:

Failure to enforce any right does not waive that right. Changes to this agreement must be in writing.

11.8 Severability:

If any part of this agreement is invalid, the remainder remains in effect.