Terms of Service

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 UnlockTheROI. 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 or payment link.

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 UnlockTheROI 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.

4.3 Outstanding Services and Deliverables Upon Termination

Upon cancellation of a subscription or service agreement, UnlockTheROI reserves the sole discretion to determine whether any outstanding services, deliverables, or obligations will be fulfilled, paused, or terminated. Customers acknowledge that access to any benefits, services, or materials associated with the subscription or agreement ceases upon cancellation unless otherwise agreed in writing by UnlockTheROI.

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 not guaranteed. Our services are designed to enhance your sales efforts; however, ultimate success depends on variables outside our control, such as market conditions, customer engagement, and implementation of our recommendations.

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.

8.5 Third-Party Tools and Website Security

Some services may involve access to platforms or tools You already use (such as WordPress, Elementor, plugins, themes, hosting providers, or other third-party systems). These tools are owned and operated by third parties. We do not control, maintain, secure, or guarantee the performance, behavior, or safety of these tools.

You are solely responsible for the security, configuration, and maintenance of Your website and any associated third-party software. We are not responsible for pre-existing issues, vulnerabilities, malware, outdated plugins, conflicts, or any technical problems that arise from or within Your third-party tools, whether before, during, or after Our work.

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 UnlockTheROI.

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 UnlockTheROI 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.