Terms of Services - Profit 911 Business Consulting

Terms of Services

Keeping the Marketing Machine Running:
Work Agreement and Terms

Please bookmark and refer to this page for our latest terms of service. Continued use of our services requires and implies acceptance of our terms of service. Terms may change without notice.

As with any great work, the process must be followed in order to produce the outputs. Here is the fine print of what we ask and how it all works...

Retained Services Client Terms: 

Rates: Each retained services package contains a maximum allowable number of hours per 30 day period as well as a maximum portion that may be used for live strategy calls. Hours used beyond the paid for amount will be billed at 30 days at current rates. Currently $125/hr for implementation (15 minute increments) and $175 per hour for live strategy calls.

Other outside managed services will be billed as incurred plus a 20% project management fee (graphic design, copywriting, coding, API, etc). We will advise you in advance when outside services are required and estimated costs for them. 

Appointment No Show & Billing Policies:

  1. If Client schedules a meeting with Profit 911 staff and Client does not show up (or cancel with at least 12 hours notice), then 50% of the time blocked for the appointment will be deducted from purchased hours for the current time period. 
  2. If Client schedules a meeting with Profit 911 staff and Profit 911 staff does not show up, the meeting time will not be billed. 
  3. Continued problems with Client attendance will result in either all client work being completed via email only (no more live calls/conferences), or termination of service agreement at Profit 911's sole discretion.
  4. Appointments will be billed at scheduled or actual time, whichever is greater. Prep, wrap-up, and followup time are also billable.

Hours do Not Rollover: Retainer package purchased by client includes a set number of hours of service available for use ONLY during that 30 day period. Any unused hours DO NOT rollover to future months and will be forfeited at renewal. 

Turnaround: 2 Business Days for most requests. This is not a guarantee. It is important that we work together based on a strategy for the results you wish to achieve. This includes planning ahead for special requests. Last minute requests or requests with unexpected, 48 hour or less turn-around times may not always be honored based on current workloads and may be subject to a rush charge. My team and I want you to succeed, planning ahead will ensure we get your needs and priorities handled when you want them done.

Scope of Work: Profit 911's core services include marketing strategy, Infusionsoft account setup, and Infusionsoft campaign setup. We are not programmers, editors, graphic or video designers, etc.  Anything that is not listed therein is not included and is nor implied to be included. Unless listed within the Agreement, client is responsible for all copywriting, assets necessary for the campaigns and all associated Client content used in funnel, courses, product, or services.

Payment:
  1. Retainer package payments will be automatically billed to credit card on file every 30 days. Client hereby authorizes such charges.
  2. Overages shall be billed on the same cycle as retainer packages within 7 days of new cycle beginning. Overages will be automatically billed to credit card on file. Client hereby authorizes such charges.
  3. Third party services will be billed (plus a 20% management fee) immediately upon service being rendered unless other arrangements have been previously made. This will be automatically billed to credit card on file. Client hereby authorizes such charges.

Work Delays

  • Client Delays: If client delays the work output, the timeline for payments due will NOT be affected as this is a client delay, not consultant delay.
  • Consultant Delays: If consultant delays work output due to extended absence of all staff for a period of more than 7 days, the payment renewal date will be adjusted going forward based on when work begins again..

Revisions:

  • All revisions will be deducted from allotted retainer package hours.
  • No revisions or work shall continue after retainer agreement is terminated.

Limited Warranty of Project Work: 

  • The services rendered by Consultant are guaranteed for 7 days from retainer termination.
  • Limited warranty is voided if Client makes changes or alterations to the work completed by Consultant.
  • Warranty does not cover technological factors including, but not limited to software compatibility, SAAS updates, API integrations of features that are no longer supported by owner of technology (such as plug-ins or features in software and/services).

Sales Final and Non-Refundable: All forms of payment should be made out to Profit 911 Consulting. Profit 911 puts a great deal of time and resources into every client's project. To ensure Profit 911's staff and Client is committed to the agreed upon terms, all services purchased by Client are non-refundable and all sales are final.

Carrying Fee: In the unfortunate circumstance of a balance being owed to Consultant, there will be a monthly Carrying Fee charged to the outstanding balance in the amount of 3% per month.

Election to Terminate: Profit 911 may suspend services at any time that Client is in arrears or has refused to pay amounts due under this Agreement. In such event, fees will continue to accrue as set forth herein. Further, under those circumstances, Profit 911 may also elect to terminate this Agreement at its option.  

Dormancy: In the event that Client does not contact Profit 911 or respond to Profit 911's attempt to contact Client for a period of ninety (90) days, Profit 911 may suspend services. In such event, fees will continue to accrue as set forth herein. Further, under those circumstances, Profit 911 may also elect to terminate this Agreement at its option.

Right to Work With Any Client: Nothing in this agreement shall be construed to prohibit Profit 911 from serving clients in similar or the same line of business or with directly competing objectives. In the event that a particular resource or opportunity may be delivered or directed to a limited number of Profit 911's clients, Client grants Profit 911 the sole discretion of prioritizing such resources or opportunities among Profit 911's clients and waives any objection thereto.

Non Disclosure Agreement: Each party agrees that it will not reproduce, disclose to others or use for any purpose other than performing its obligations under this Agreement any of the Confidential Information of the other party for the term of this Agreement and for a period of two (2) years after the expiration or earlier termination of this Agreement. 

Each party agrees that it will not reproduce, disclose to others or use for any purpose other than performing its obligations under this Agreement any of the Trade Secrets of the other party at any time during or after the term of this Agreement or until such Trade Secrets lose their status as such be becoming generally available to the public by independent discovery, development, or publication. 

Ownership of Work: Any intellectual property created in furtherance of relationship between the parties, whether as the result of the work of one party or the joint efforts of the parties, shall be the sole intellectual property of Profit 911, who shall have the sole right to maintain or obtain copyright, patent, or trade secret protection for such developments

For any and all intellectual property that Profit 911 recommends that Client publish under its own name, Client shall be deemed to have been granted a fully-paid license to use, publish, and create derivative works based on that property. 

Right to Showcase Work: Client hereby grants Profit 911 the right to use and publish Client's Name and Trademark in Profit 911's marketing materials solely for the purpose of Profit 911's marketing of Profit 911's products and services and not to represent any product or service as the product or service of the client. 

Non Solicitation: The parties mutually agree that during the term of this Agreement, and for a period of one (1) year following the date of termination of this agreement, neither shall, directly or indirectly, solicit and individual, to leave their employment or engagement with the other party.

In the event of a default of this section by one party, the defaulting party agrees to compensate the other party in an annual amount equal to one hundred percent (100%) of such Personnel compensation for the first year of engagement or employment by the defaulting party.

Hold Harmless: Except as set forth herein, in no event shall Profit 911 or any of Profit 911's owners, officers, shareholders, employees, agents, contractors, subcontractors, or affiliates be liable to Client or any of its affiliates for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by such other party or its affiliates in connection with this agreement.

Arbitration and Dispute Resolution: The parties will use their best efforts to amicably resolve any dispute. If this is not possible, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Rock Island County Illinois administered by the American Arbitration Associates under its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrator shall not have the power to award total damages against Profit 911 exceeding the amount of fees that Profit 911 received from the Client.

Taxes: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Justin Miller, Profit 911 Consulting and its employees and subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.

30-Day Cancellation Notice: Client may cancel ongoing retained service, upon 30 days notice send to Profit 911 email. The 30 day cancellation notice begins on the date of email receipt. 

Rolling Agreement: Retained services will continue to be billed until the noticed 30-days has ended.

Affiliate Income Disclosure: Profit 911 may sell you additional recommended products, services, plugins, etc which Profit 911 receives compensation for. We appreciate the opportunity to find solutions for you and process the transaction for you in order to receive credit or compensation for doing so.


Project Services (Non-Retainer) Client Terms: 

Rates: Any client that is working with us on a per hour, non-retainer agreement will be billed at current list rate. Currently $125/hr for implementation (30 minute increments) and $175 per hour for live strategy calls. Other outside managed services will be billed as incurred plus a 20% project management fee (graphic design, copywriting, etc). 

Appointment No Show & Billing Policies:

  1. If Client schedules a meeting with Profit 911 staff and Client does not show up (or cancel with at least 12 hours notice), then 50% of the time blocked for the appointment will be billed. 
  2. If Client schedules a meeting with Profit 911 staff and Profit 911 staff does not show up, the meeting time will not be billed. 
  3. Continued problems with Client attendance will result in either all client work being completed via email only (no more live calls/conferences), or termination of service agreement at Profit 911's sole discretion.
  4. Appointments will be billed at scheduled or actual time, whichever is greater. Prep, wrap-up, and followup time are also billable.

Turnaround: Non Retainer Clients are not promised a specific turnaround time as retainer clients will take priority.

Conversion from Project Services to Retained Services: Client may elect to convert a Project Services Agreement to a Retained Services Agreement upon written agreement between the Parties and completion of a Retained Services Addendum. Profit 911 shall not apply paid Project Services fees to a Project Service Agreement that has been converted to a Retained Services Agreement unless Profit 911 explicitly agrees to do so in writing. 

Scope of Work: Profit 911 shall perform for Client those services and deliver to Client those items listed in the Scope of Work which is in included in the project estimate/invoice. Anything that is not listed therein is not included and is nor implied to be included. Unless listed within the invoice, client is responsible for all copywriting, assets necessary for the campaigns and all associated Client content used in funnel, courses, product, or services.

Project Payment Timelines:
  1. Initial Payment: At the project start date, client shall pay 50% of estimated project fee.
  2. Second Payment: At the midpoint of the project duration, client shall pay 40% of the estimated project fee, which will be automatically charges to client via credit card. Client hereby authorizes such charges.
  3. Final Payment: Upon the completion of the project, client shall pay the remaining balance of the estimated project fee and all other fees then due, which will be automatically charges to client via credit card. Client hereby authorizes such charges.

Project Delays

  • Client Delays: If client delays the project timeline, the timeline for payments due will NOT be affected as this is a client delay, not consultant delay.
  • Consultant Delays: If consultant delays project timeline, the payment timeline will be adjusted based on when the above milestones are achieved and client will not have to pay until then.

Limited Revisions:

  • If scope of work includes Copy: The client is provided with one (1) hour of unlimited copy revisions. After the one hour of free time has been used, Client will be billed at $150/hour. Services are billed in 30-minute time blocks.
  • If scope of work includes Campaign/Automation Services: The client is provided with one (1) hour of free campaign revisions for marketing automation using Infusionsoft. After the one hour of free time has been used, Client will be billed at $125/hour. Services are billed in 30-minute time blocks.
  • If scope of work includes Design Services: The client is provided with one (1) hour of unlimited design revisions. After the one hour of free time has been used, Client will be billed at $100/hour. Services are billed in 30-minute time blocks.
  • Expiration: All revisions, used or unused, expire within 10 calendar days from date of project completion.

Limited Warranty of Project Work: 

  • The services rendered by Consultant are guaranteed for 30 days from date of project completion.
  • Limited warranty is voided if Client makes changes or alterations to the work completed by Consultant.
  • Warranty does not cover technological factors including, but not limited to software compatibility, SAAS updates, API integrations of features that are no longer supported by owner of technology (such as plug-ins or features in software and/services).

Sales Final and Non-Refundable: All forms of payment should be made out to Profit 911 Consulting. Profit 911 puts a great deal of time and resources into every client's project even before the projects officially start. To ensure Profit 911's staff and Client is committed to the agreed upon terms, all services purchased by Client are non-refundable and all sales are final.

Carrying Fee: In the unfortunate circumstance of a balance being owed to Consultant, there will be a monthly Carrying Fee charged to the outstanding balance in the amount of 3% per month.

Election to Terminate: Profit 911 may suspend services at any time that Client is in arrears or has refused to pay amounts due under this Agreement. In such event, fees will continue to accrue as set forth herein. Further, under those circumstances, Profit 911 may also elect to terminate this Agreement at its option.  

Dormancy: In the event that Client does not contact Profit 911 or respond to Profit 911's attempt to contact Client for a period of ninety (90) days, Profit 911 may suspend services. In such event, fees will continue to accrue as set forth herein. Further, under those circumstances, Profit 911 may also elect to terminate this Agreement at its option.

Right to Work With Any Client: Nothing in this agreement shall be construed to prohibit Profit 911 from serving clients in similar or the same line of business or with directly competing objectives. In the event that a particular resource or opportunity may be delivered or directed to a limited number of Profit 911's clients, Client grants Profit 911 the sole discretion of prioritizing such resources or opportunities among Profit 911's clients and waives any objection thereto.

Non Disclosure Agreement: Each party agrees that it will not reproduce, disclose to others or use for any purpose other than performing its obligations under this Agreement any of the Confidential Information of the other party for the term of this Agreement and for a period of two (2) years after the expiration or earlier termination of this Agreement. 

Each party agrees that it will not reproduce, disclose to others or use for any purpose other than performing its obligations under this Agreement any of the Trade Secrets of the other party at any time during or after the term of this Agreement or until such Trade Secrets lose their status as such be becoming generally available to the public by independent discovery, development, or publication. 

Ownership of Work: Any intellectual property created in furtherance of relationship between the parties, whether as the result of the work of one party or the joint efforts of the parties, shall be the sole intellectual property of Profit 911, who shall have the sole right to maintain or obtain copyright, patent, or trade secret protection for such developments

For any and all intellectual property that Profit 911 recommends that Client publish under its own name, Client shall be deemed to have been granted a fully-paid license to use, publish, and create derivative works based on that property. 

Right to Showcase Work: Client hereby grants Profit 911 the right to use and publish Client's Name and Trademark in Profit 911's marketing materials solely for the purpose of Profit 911's marketing of Profit 911's products and services and not to represent any product or service as the product or service of the client. 

Non Solicitation: The parties mutually agree that during the term of this Agreement, and for a period of one (1) year following the date of termination of this agreement, neither shall, directly or indirectly, solicit and individual, to leave their employment or engagement with the other party.

In the event of a default of this section by one party, the defaulting party agrees to compensate the other party in an annual amount equal to one hundred percent (100%) of such Personnel compensation for the first year of engagement or employment by the defaulting party.

Hold Harmless: Except as set forth herein, in no event shall Profit 911 or any of Profit 911's owners, officers, shareholders, employees, agents, contractors, subcontractors, or affiliates be liable to Client or any of its affiliates for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by such other party or its affiliates in connection with this agreement.

Arbitration and Dispute Resolution: The parties will use their best efforts to amicably resolve any dispute. If this is not possible, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Rock Island County Illinois administered by the American Arbitration Associates under its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrator shall not have the power to award total damages against Profit 911 exceeding the amount of fees that Profit 911 received from the Client.

Taxes: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Justin Miller, Profit 911 Consulting and its employees and subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.

Affiliate Income Disclosure: Profit 911 may sell you additional recommended products, services, plugins, etc which Profit 911 receives compensation for. We appreciate the opportunity to find solutions for you and process the transaction for you in order to receive credit or compensation for doing so.


All Clients - Additional Terms

Days We Are Open:

Office hours are 9:00AM CST - 5:00 CST, Monday - Friday (no weekends). 

Office closed on US bank observed holidays and December 22 - January 1st. 

How to Communicate:

Office Number: (855) 992-7911 - Voicemail Only. All live calls/meetings must be scheduled in advance using our online schedule.

Email: support@profit911.biz

Emails, conference, and phone calls are handled during Office hours.

Although, my team and I often respond evenings and weekends, it is not guaranteed and should not be expected.

We DO NOT text and all employees are instruction not to respond to text messages.

Happy Work Life Balance Means Fresh Creative and Awesome Work!

My team and I love working on your projects, we have a family like you so please respect the office hours and refrain from calling personal cell phones or expecting work to be completed over the weekend unless this has already been discussed and agreed upon.

Keep It Real and Open:

My team and I are trained to speak our minds with respect to you and to acknowledge your concerns and situations when we do so. It will never be the intent of myself or my team to offend you but we don't sugar coat situations. Expect open, honest real conversations and if there's an issue or missed expectation then let's address it, find the solution and move on. No flowery language or dancing around the topic.

Planning Ahead with Goals Makes You Happy and Stress Free!

It is important that we work together based on a strategy for the results you wish to achieve. This includes planning ahead for special requests. Last minute requests or requests with unexpected, 48 hour or less turn-around times may not always be honored based on current workloads and may be subject to a rush charge. My team and I want you to succeed, planning ahead will ensure we get your needs and priorities handled when you want them done.

Explanation of Services:

The most up to date services supported by your retained services Agreement; including the descriptions, inclusions, and exclusions can be found at URL: https://www.profit911.biz/terms (this page)