Below are the terms of service agreed upon between all Clients and Customers (“Client”, “You”, “Your”) fulfilled by Business Growth Management Solutions, LLC located at 300 N. Center Street, Unit 6, Casper, WY 82601 (“BGMS”, “Company”, “I”, “Me”, “Us”, “We”, “Our”, “Contractor”).
Terms and Conditions: By utilizing any of our products or services you thereby indicate that you accept and agree to our terms of services as indicated below, unless otherwise authorized and agreed to in writing by Business Growth Management Solutions, LLC. Acceptance of these terms is indicated by electronic signature, “wet” signature, or payment of invoice for services.
1.) Description of Services
Lead Generation Marketing
We will provide exclusive access, on retainer basis, to our lead generation services utilizing our proprietary methods to generate phone calls and web form leads. Exclusive means that for as long as you retain this service, leads will not be shared with any other company and we will not offer this service to any other competitor in your market area, within a 50 mile radius of your business.
Lead generation service may include but is not limited to:
- Organization of content on ONE Landing Page and ONE Thank You Page
- Creation of all ad creative and copy
- Creation of all funnel pages (Landing Page, Thank You Page, etc.)
- Conversion tracking
- Installation of a Facebook Pixel Code as necessary
- Installation of a Google Tracking Code as necessary
- Call tracking setup
- Form Creation
- Technical integrations – Zapier, ClickFunnels, CallFire, WuFoo Forms, CRM, etc.
- Multi-Channel traffic strategy – Facebook social media promotion and/or Google Ads.
- Real time lead delivery via technical integrations, including immediate email notification and call tracking forwarded directly to Client phone, or shopping cart for purchase of promotional offer.
- Campaign management and budget adjustments
- Creating Custom Audiences, and Lookalike Audiences based on data from Client past customers
- Ad split testing
- Advanced tracking of campaign performance metrics and KPIs.
Online Reputation Management
This service actively encourages your customer base to leave positive 4 or 5-star reviews, while discouraging any negative reviews from being published online. The effectiveness of this service naturally depends on the level of care you provide to your customers, but also upon your diligence to upload the names and email addresses or cell phone numbers of your customers into the software platform. As customer contact information is uploaded after each visit, they will receive a text/email requesting feedback on their experience. If positive, they will be prompted to leave a review online. If negative, they will be presented with a form to submit feedback directly to you. Repeat customers will not be asked for feedback more than once every 180 days.
Our reputation Management service may include but is not limited to:
- Account setup of our review management software
- Integration of your desired review platforms (Google My Business, Facebook, YP, etc.)
- Landing page to upload customer contacts
- Uploading .csv file of your customer contacts (provided by you) on a monthly basis (Optional)
- Alerts when reviews are posted about your business
- Responding to reviews and online feedback on your behalf (Optional)
- Creation of email signature feedback request
- Creation of review widget to display 3rd party reviews on your website
- Addition of review request widget on your website
SEO (Search Engine Optimization)
This portion of your marketing strategy is essential to sustainable growth and client acquisition while dominating local search results for your market area. Each month we will perform ongoing search engine optimization (SEO) and/or content creation with the goal of organically driving traffic to your website. This may include both on-page and off-page activity.
2.) Payment Terms: Retainers and fees will be billed automatically to your credit card on file, on or near the first day of each month, in advance of services provided. If effective date is not on or near the first of the month, the invoice for the 2nd month of service will be prorated for the remainder of the month and normal billing will resume on the first day of the 3rd month. Services are retained on a month-to-month basis with no long-term contract. All fees are non-refundable.
As an example for clarity and transparency, here is what you can expect on your first 3 invoices from BGMS when you choose Lead Generation services with a $5,000 ad spend budget and are beginning services on July 7th:
| Month 1: July 7th – August 6th | $850 |
| Month 2: August 7th – August 31st | $685.48 (Partial month – 25 Days) |
| Month 3 and onward on the 1st of each month | $850 |
3.) Cost: When bundling services together, you may receive a package discount (please call to discuss). Initial setup fee may be waived at the sole discretion of BGMS if client completes and signs this Agreement at the time of initial sales call. Ad Spend is a separate cost and is charged to your credit card directly by the advertising platform. For every additional sales funnel and/or location, there will be an additional monthly fee that will be quoted based on scope of project.
4.) Fees and Expenses
Ad spend varies depending on how many leads Client would like to generate. The more money allocated to ad spend, the more leads are generated. The cost of Contractor monthly retainer does not include Client’s self-funded ad spend budget. Ad spend budget will be automatically charged to your credit card on file directly by Facebook and Google, or any other marketing platforms used, based on their respective terms of service which you agree to. You authorize BGMS to agree to these terms of service on your behalf.
Contractor shall be responsible for all other expenses incurred while performing services under this Agreement. This includes autoresponder software, plugins, call tracking number and software, cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.
5.) Client Requirements
Client agrees to the following terms for delivery and review of materials.
- Provide required intake information requested, within 3 business days for timely campaign initiation.
- Review and provide feedback on all work delivered by Business Growth Management Solutions, LLC within 7 days; no reply implies approval.
- Complete parts of projects and presentations that BGMS assigns in a timely manner.
6.) Lead Exclusivity Guarantee
Contractor guarantees Client’s leads are exclusive to them and are not shared with any other company. All marketing performed by Contractor on behalf of Client will be exclusive to Client in agreed upon area of 50 mile radius from principle place of business.
7.) Reporting & Communication
Results Reporting including: number of total leads, total cost per lead, and conversion ratios. Contractor will be available via phone, text or email, from 9am to 5pm (PST), excluding weekends and holidays, when the need arises, schedule permitting.
We typically do not ask for physical access to closed deals but we appreciate receiving this information verbally or via email for a variety of reasons like determining campaign ROI, and getting insight into which campaigns may need tweaking.
The following provision applies to the authorization of repeated credit or debit card
authorizations, only:
8.) Right to Cancel
The Client has the right to cancel this contract until midnight of the third (3rd) business day after it is signed and executed. Client may cancel this agreement by mailing a written notice to BGMS before midnight of the third business day. Notice of cancellation sent after this deadline may be deemed invalid at the sole discretion of BGMS. This document may be used as written notice of cancelation by writing “I hereby cancel” at the top of this page and adding your name, date and signature. A duplicate of this page is provided by BGMS for your records. All payments are non-refundable. Notice of cancelation must therefore be received no less than 15 days before the next billing cycle is automatically processed.
9.) Pausing Campaigns
We understand the need to pause ads while making changes to your sales process. We can pause ads at any time. However, we cannot pause the monthly retainer fee. This retainer fee holds your spot in our limited client roster.
10.) Confidentiality
Contractor acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information could harm Client.
Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client’s prior written permission except to the extent necessary to perform services on Client’s behalf.
Proprietary or confidential information includes:
- any materials regardless of form furnished by Client for Contractor to use
- any information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain secret
- business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information
- information belonging to customers and suppliers of Client, including Protected Health Information.
Upon termination of Contractor’s services to Client, or at Client’s request, Contractor shall deliver to Client all materials in Contractor’s possession relating to Client’s business.
11.) Ownership of Materials
BGMS shall retain the creative rights to all original materials, data and similar items, produced by BGMS hereunder in connection with the Services under this agreement. All services and software used by BGMS shall at all times be the sole property of BGMS and under no circumstances shall Client have any interest in or rights to the title to such materials, or software. Client acknowledges that BGMS may use and modify existing materials for Client’s benefit and that Client holds no rights to such materials.
12.) License
Client grants BGMS a limited, non-transferable, non exclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media and other materials therein and solely in connection with creation of the Campaign and direct response marketing in accordance with this Agreement.
Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. In the event that the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government, agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).
13.) Portfolio Release
Client agrees that BGMS has the right to use materials created pursuant to this Agreement for BGMS’s portfolio, samples, self-promotion including advertising for BGMS’s business including without limitation Facebook or Instagram, or any other social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, BGMS and Client may agree in writing to such limitation.
14.) Additional Services
All services outside the scope of this Agreement that are requested by the Client and which BGMS agrees to perform will be billed at a rate of $150 per hour. Client will be notified and must approve in writing (e-mail is sufficient) additional services before they will be performed, although BGMS may not necessarily be able to inform Client in advance of the total cost of such additional services. Client will also be given opportunity to purchase additional services at package rates, when deemed appropriate by BGMS.
15.) Term of Agreement
This agreement will become effective when signed by both parties and will terminate when either party provides the date a party terminates the Agreement as provided below. Pricing and terms proposed within this Agreement are valid for up to 90 days from the Effective Date and may be adjusted by BGMS at their own discretion in the event this Agreement is not accepted by both parties within this 90-day time frame.
16.) Independent Contractor Status
Contractor is an independent contractor. Contractor shall be responsible for determining the location, method, details and means of performing the Services. Nothing in this Agreement creates any partnership, joint venture, employer-employee or agency relationship. Contractor agrees not to represent or bind the Client to any third party that any of the aforementioned relationships exist. Any rights afforded to employees of the Client such as fringe benefits are not available to Contractor.
17.) Business Licenses, Permits, and Certificates
Contractor represents and warrants that Contractor and Contractor’s employees and contract personnel will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the services to be performed under this Agreement. Contractor shall use his/her best efforts to perform Services in a satisfactory manner to the Client.
18.) State and Federal Taxes
Client shall be under no obligation to withhold FICA (Social Security and Medicare taxes) from Contractor’s payments or make FICA payments on Contractor’s behalf, make state or federal unemployment compensation contributions on Contractor’s behalf, or withhold state or federal income tax from Contractor’s payments. Contractor shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide Client with proof that such payments have been made.
19.) Insurance
Client shall not provide insurance coverage of any kind for Contractor or Contractor’s employees or contract personnel.
20.) Indemnification
Contractor shall indemnify and hold Client and its affiliates, employees and agents harmless from any loss, liability, damage or other expenses arising from performing services under this Agreement.
21.) Limitation of Liability
BGMS shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services.
Client agrees that, in the event BGMS is determined to be liable for any such loss, Client’s sole remedy against BGMS is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties.
BGMS is not responsible for errors which result from faulty or incomplete information supplied to BGMS by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. BGMS shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services, or termination by social media sites including without limitation Facebook; and viruses.
Client agrees to provide all digital assets, artwork, photos, code, etc. for any and all campaigns, designs, projects, etc. If Client cannot provide the forementioned, Client acknowledges and approves the usage, by BGMS, of any open source or stock assets available on the internet, whether free or paid, on behalf of the client. While BGMS will, in good faith, research, select, and utilize such assets from sources deemed to be trustworthy, to the best of Contractor’s knowledge, Client shall be solely responsible for any and all claims of copyright infringement raised against the Client for usage of such assets, and release BGMS of any liability with regard to the use of such assets.
22.) No Guarantee
BGMS does not warrant or guarantee any specific level of performance or results. Example of results obtained for other clients of BGMS may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results.
23.) Client Approval
BGMS will have all ad creative approved by Client prior to publishing ads. Client realizes that BGMS will make every effort to comply with Google and Facebook’s terms of service in creating ads, however these terms change frequently. The Client shall indemnify and hold BGMS harmless from any and all liability resulting from Client’s use of the work produced by BGMS under this Agreement.
24.) Termination of Client Account by Facebook
It is possible that Facebook may terminate Client’s advertising account due to noncompliance, whether due to a change in Facebook’s terms and conditions or due to use of or activity associated with Client’s advertising account, by Client or at Client’s direction, that is noncompliant with Facebook’s terms and conditions. Client understands that Facebook by their terms of service can arbitrarily terminate an ads account without giving a specific reason. Client agrees to hold BGMS harmless in the event of Client’s ad account being Terminated.
In the event this happens, Client agrees to attempt to re-activate the account or to set up a new
Facebook advertising account, to allow BGMS to continue its work under this Agreement, and BGMS agrees to cooperate and assist to the best of its ability in getting such account reactivated or a new account set up, but BGMS provides no guarantees that such efforts will be successful. If Client is not able to get its Facebook advertising account reactivated or a new account set up, or chooses not to do so, Client indemnifies BGMS and holds BGMS harmless for any losses Client may suffer as a result.
25.) PHI and HIPAA Compliance
In the course of fulfilling our services, BGMS may inadvertently come into contact with limited Protected Health Information (PHI) or other information of a sensitive or private nature. If this should occur, BGMS will view this information as private/confidential and will treat it as such, not disclosing any of such information to other parties who do not possess ownership of this information. While BGMS does their best to secure all transactions of information and payment through the internet, ultimately the Client assumes all responsibility for compliance with any and all requirements imposed by 3rd party institutions (such as HIPAA and others) that affect the operation of their business activities as well as the handling of protected and private information.
26.) Terminating the Agreement
Either party may terminate this Agreement at any time for any reason.
27.) Miscellaneous
- Exclusive Agreement. This Agreement constitutes the sole agreement between the parties and supersedes all oral negotiations and prior writings with respect to the Services. Any subsequent changes to the term of this Agreement may be amended or waived only with the written consent of the Client.
- Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight or sent by email or fax, or forty-eight hours after being sent by mail as certified or registered with postage prepaid, addressed to the party to be notified at such party’s address or email as set forth on the signature page.
- Choice of Law / Dispute Resolution. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wyoming. The prevailing party in any proceeding to resolve a dispute pertaining to matters covered under this Agreement shall be entitled to receive reasonable fees by the opposing party.
or
Any disputes concerning this Agreement will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.</li - Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the remainder of the Agreement shall be unaffected.
- Advice of Counsel. Each party acknowledges that each party has read this Agreement and fully understands the terms and provision herein. Both parties have been given the opportunity to seek legal counsel regarding this Agreement. This Agreement shall not be construed against any party by reason of the drafting or preparation hereof.
- Headings. The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement
Our Privacy Policy is available on our website (https://mybgms.com/privacy-policy).
Without compromising any Client information that may be considered private, sensitive, proprietary, or confidential, BGMS reserves the right to publish any projects, results, or case studies to our public portfolio and to utilize such information for our own marketing purposes.
Terms and conditions are subject to change from time to time. We keep all information accurate and up to date on the ‘Terms and Conditions’ page of our website (https://mybgms.com/terms-and-conditions). Please review this page often. If you disagree with the changes that have been made, please contact us (by email, using a website contact form, or in writing by mail).
If you have any questions about these Terms and Conditions, please do not hesitate to contact us before indicating your approval via your signature, payment, or otherwise.