What are our terms and conditions?

We don't hide behind our commitment to our customers or their commitment to us. In full transparency, when you sign up for our marketing services you will receive an electronic agreement ("MSA", "Master Services Agreement") from our AI CRM. It is literally word for word, everything down below.

Why would we do this?

We're hoping that if you join a call with us, you already know our pricing, terms, and are merely meeting us to make sure our two companies are a good fit.

MASTER SERVICES AGREEMENT (MSA)

This Master Services Agreement ("MSA") is between Talents Into Profits ("TIP," "Us," "We") and You ("You," "Your," "Client"). By signing electronically, You confirm Your authority to act on behalf of Your organization and agree to the following terms.

PAYMENTS AND SERVICES

Payments: All payments are in USD and must be made through TIP's secure payment link. Late payments incur a $10 daily fee, and accounts overdue by 15 or more days may be suspended until all outstanding balances are paid. If payments remain overdue for 30 days or more, TIP reserves the right to terminate this Agreement and cease all services without further notice.

Scope of Services: TIP's services are limited to those described in this Agreement or any accompanying service descriptions. Any additional services requested may be subject to separate agreements or extra fees.

One-Time Services: All one-time services require a 25% upfront payment, with the remaining balance due before delivery. If you choose to cancel before completion, email us at will@talentsintoprofits.com. TIP will retain the upfront fee and waive any remaining balance.

Monthly Services: Monthly services begin on the first day of the first whole month and/or after the initial setup is completed. Payments are due in full on or before the 10th of each month. Whether 3-month term lengths or month-to-month terms are selected, cancellation notice must be received at least ten (10) days before the next cycle begins to avoid charges for the next billing cycle. 

Annual Services: Annual services are billed upfront at a discounted rate. To cancel, email at least 10 days before the renewal date.

Website Services: You always own your website, which will be built and managed exclusively on Duda.co. Monthly service fees apply if TIP manages the website in its Duda account. If the website is transferred to Your Duda account, you are responsible for all associated costs (hosting, SSL, compliance, and additional widgets). You must enroll in monthly marketing services to retain website services in your account. 

Domain Services: You retain ownership of Your domain. TIP offers domain registration and management for a one-time setup fee and annual service fees.

Client Responsibilities: You must give TIP administrative access to all relevant accounts, including social media, websites, and branding materials. You are responsible for regularly sharing new photos and videos to support content creation and for scheduling your allowed video meetings. Delays caused by your failure to provide required materials or approvals may result in slower project completion and/or delayed results.

Social Media: TIP will create and manage authentic social media posts to promote growth and protect your brand. The more frequently you provide authentic images and videos of your work, the more we post on your behalf. TIP reserves the right to delete posts deemed harmful to the brand and, if necessary, provide coaching on appropriate posting practices. 

Paid Advertising: TIP will manage your advertising campaigns on Google and/or Yelp as part of its monthly marketing services with your business’ associated ad platform account. Advertising budgets are paid through your account and associated credit or debit card.

CRM Services: TIP provides a white-labeled VCita CRM service with limited customization and feature support. Support requests are responded to within four (4) business hours, Monday through Friday, excluding holidays. 

Consulting Services: TIP provides consulting services to offer expert recommendations, strategies, and guidance tailored to Your business goals. While TIP will deliver actionable insights and support, the success of these services depends on Your willingness and effort to implement the suggested actions. TIP is not liable for results impacted by a lack of implementation, delayed execution, or external factors beyond our control.

Refunds: TIP does not offer refunds under any circumstance. However, we will always provide our services to the best of our ability for the life of this agreement. 

LEGAL TERMS AND CONDITIONS 

Amendments Process: Any changes to terms, pricing, term lengths, products, or service descriptions will require a new agreement to replace this current one. Such changes must be documented in writing, agreed upon by both parties and signed electronically. Until the new contract is executed, the terms of this Agreement remain in force. 

Confidentiality: Both parties agree to maintain confidentiality regarding business processes, strategies, and other sensitive information for five years after this agreement ends. Any breaches must be reported via email within 72 hours, and both parties will work together to resolve the issue.

Service Interruptions: TIP is not responsible for service interruptions caused by third-party providers (e.g., website hosting downtime, social media platform outages, and ad platform suspensions) or circumstances outside its control. 

Indemnification: You agree to indemnify, defend, and hold TIP harmless from any claims, liabilities, or damages resulting from Your provided materials, instructions, or actions, including but not limited to intellectual property violations, data breaches, or third-party disputes. All disputes will be resolved through mediation or a bench trial, as both parties waive the right to a jury trial. This agreement is governed by the laws of Nevada, with jurisdiction and venue exclusively in Washoe County, Nevada. 

Intellectual Property Rights: All deliverables created by TIP during the term of this Agreement remain TIP’s intellectual property until full payment is received. Upon payment, ownership rights are transferred to You, except for pre-existing TIP templates that we used to customize for you. 

Force Majeure: TIP shall not be held liable for delays or failures in performance caused by circumstances beyond its reasonable control or changes to any services made by You or another third party, including but not limited to additional outside agencies or freelancers, your internal employees, acts of God, government actions, labor disputes, or technical failures.

Reassignment: If you agree to sell your business, all outstanding invoices must be paid before the deal is reassigned to the new owner. Once new ownership is established, the new owner must sign a new agreement and/or under the new business name if it were changed. 

Termination: Either party may terminate this agreement immediately in cases of illegal practices or reputational damage. Reputational damage includes but is not limited to, public allegations of unlawful activity, defamatory statements, or other actions that negatively impact TIP’s brand or professional standing.

Explicitly Warranty Disclaimer: TIP makes no guarantees regarding specific results or outcomes, including but not limited to revenue growth or lead generation, as these depend on factors beyond TIP's control.

AGREEMENT EXECUTION

This Agreement becomes effective upon your electronic signature. Renewals will occur on the first calendar day of the month following the specified term length. For example, if the agreement was signed on July 30, 2024, and the term was three months, the renewal dates would be October 1, 2024, January 1, 2025, and so on.

Acceptance: By signing electronically, You acknowledge and agree to all terms and conditions outlined in this agreement.