Terms & Conditions

$1250/m

$250/m

By signing up to any service plan you have retained Phaners (“Service Provider”), and indicate that you understand, agree to and accept the terms and conditions as contained here in this Agreement:

 

1. Service Plans.

 

Full Service 

- Generate Leads With Targeted Facebook Ads

- CRM Pipeline and Lead Campaigns

- Automated Email/SMS Follow Up For All Leads

- Conversation Centre For 2-Way messaging

- Expert ISA Team Setting Appointments

- Engagement Tracking & Lead Notifications

- Your Own Designated Account Re​presentative

 

CRM 

- Give You Our Proven Facebook Ad Copy 

- CRM Pipeline and Lead Campaigns​​

- Automated Email/SMS Follow Up For All Leads

- Conversation Centre For 2-Way messaging​

- Engagement Tracking & Lead Notifications

 

Note: 

Ad and messaging spend not included. Additional engagements beyond the scope outlined may be added through mutual agreement at an additional charge.

 

Payment. Client agrees to commit to services fee per the payment schedule as follows must accompany the signed Agreement.

 

Additional Work. Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement. Services requested by Client and provided by Service Providers that do not fall within the scope of this Agreement will be billed separately at the full standard monthly rate according to service category with payment due upon receipt.

 

Client Responsibilities. Client understands that Service Provider is not an employee and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from Service Providers in a timely manner. Client understands that Service Provider is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Providers. Client understands that Service Providers may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.

 

Materials & Information. Client will provide all content, outlines, photos, project, images, etc. Necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Providers to perform or complete the agreed services or project.

 

Expenses. Pre-approved expenses incurred on behalf of Client are not included in any fees and will be billed to the Client. Payment is due 30 days from receipt of an invoice therefore.

 

Delivery. Completed projects are delivered via CRM.

 

Payment Options. Use of our payment vendor.

 

NSF Fees. There is a $40 NSF (insufficient funds) fee for returned checks.

 

Late Payments. Payments not received by the due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Monthly late charges of $10.00 or 1.75% (APR of 21%), whichever is greater, will be assessed on unpaid balances every 15 (fifteen) days.

 

Property. All billings (including invoices, statements, and estimates), reports and time accounting are provided as a convenience to Client at the discretion of Service Provider and remain the property of Service Provider. Periodic audits may reveal previous billing discrepancies or errors, and Service Provider is entitled to void or recall incorrect invoices and statements and bill for any monies due on account or refund any overbilling.

 

Accuracy of Information. Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.

 

Indemnification/Release of Liability. Client shall indemnify, defend and save Service Providers harmless from any and all suits, costs, damages or proceedings pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which the Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider shall not apply in instances where Service Provider is negligent or breaches any provisions of this Agreement. All reasonable precautions will be taken to safeguard the property entrusted to the Service Provider. In the absence of negligence, however, Service Providers will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Neither party will be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.

 

Termination. Termination of the contract for any reason other than non- delivery is prohibited. All money will be held in an escrow account until delivery of the booking or delivery of the publication. If the client does not receive the services outlined in Section 1 after 90 days, they may request and receive a 100% refund.

 

Expiration & Modification. This Agreement shall remain in effect until the end of the contract term as stated in Section 1b. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If an agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.

 

Confidentiality: You, the Client and Your and the Client’s respective employees, agents and representatives agree to keep confidential and to never disclose (even after the Term) any information concerning this Agreement and any of the communications, discussions, e-mails, letters, voicemails, texts, documents or the like between Phaners, on the one hand and You and/or the Client, on the other hand (including, but not limited to feedback from Phaners  or from any producers, bookers or any other third party). You, the Client and Your and the Client’s respective employees, agents and representatives agree and warrant and represent that You, the Client and Your and the Client’s respective employees, agents and representatives will never speak negatively about Phaners, any of Phaners employees, agents or representatives or any of the people or entities that (i) Phaners introduced You and/or the Client to, (ii) Phaners pitched or otherwise made aware of You and/or the Client, and/or (iii) actually booked or otherwise engaged You and/or the Client for an appearance (whether or not such appearance actually took place). Phaners agrees to keep confidential and to never disclose (even after the Term) any information concerning this Agreement and any of the communications, discussions, e-mails, letters, voicemails, texts, documents or the like between Phaners, on the one hand and You and/or the Client, on the other hand (including, but not limited to feedback from Phaners or from any producers, bookers or any other third party). Phaners agrees never to speak negatively about You and/or the Client. You, the Client and You and the Client’s respective employees, agents and representatives acknowledge and agree that the methods for pitching and securing placements used by Phaners, including but not limited to Phaners ‘guest pitch method’, is proprietary, a trade secret and can never be used by You, the Client and Your and the Client’s respective employees, agents, representatives or any person engaged by You, the Client and Your and the Client’s respective employees, agents and representatives to render similar services on behalf of You, the Client and Your and the Client’s respective employees, agents and representatives.

 

Force Majeure. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party#39;s control, without such Party#39;s fault or negligence and that by its nature could not have been foreseen by such

 

Party or, if it could have been foreseen, was unavoidable (which events may include natural disasters, embargoes, explosions, riots, wars, or acts of terrorism) (each, a "Force Majeure Event "). Phaners shall give Client prompt written notice of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. Phaners shall use reasonable efforts to ensure that the effects of any Force Majeure Event are minimized and resume full performance under this Agreement.


Additional Provisions. This Agreement shall be governed by and construed according to the laws of the Province of Ontario, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or courts in Toronto, Ontario and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any  liability on the part of Service Provider or Client as determined by a court of law will be limited to an amount not to exceed the total amount paid under this Agreement. If either party must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, the prevailing party shall be entitled to an award of costs, reasonable attorney’s fees, and interest at the maximum rate permitted by law in addition to any other relief awarded. The terms and conditions of this Agreement may be modified or amended as necessary only by a written instrument signed by both parties.

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