The F.A.M.O.S. Group Inc., and all subsidiaries or affiliated brands (hereinafter referred to as “TFG”, “We”, “Us” or “Our”) stand behind all of our products and your satisfaction is very important to us. All purchases made from us (including all related website properties, and sales over the phone) are covered by the following policies.
By purchasing any item, product, or service from this website, you acknowledge and agree to be bound by the terms and conditions set forth in this Policy as well as the Terms of Use and Privacy Policy If you do not agree to these Policies, please do not purchase anything, or enter into any transaction with us.
GENERAL
Coupons are only valid during the advertised promotion period. Prices are subject to change without notice.
ACCOUNT SECURITY:
To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Service in compliance with any and all applicable laws and regulations.
NON-REFUNDABLE:
Because of the nature of our business
The F.A.M.O.S. Group Inc, will provide no refunds for any of our packages.
We do NOT provide credits, refunds, or prorated billing for subscriptions that are canceled mid-month. By signing the Agreement, you agree to all Terms of Use and this Terms of Purchase and Refund Policy, including that you agree to NOT do a chargeback for any fees.
CLIENT CHARGEBACKS:
Clients agree to not initiate chargebacks. The reason is simple, enough communication or mediation (already agreed upon) will 99% of the time resolve any disputes. When a service has been provided or the time has been dedicated to a client and a chargeback is initiated, it is considered a criminal act and theft and will be treated accordingly. We reserve the right to offer refunds, discounts, or other considerations in select circumstances at its sole discretion.
PAYMENT:
The client agrees to pay TFG in accordance with the following schedule. Due to the nature of our business, TFG only accepts payments via Zelle, Wire or ACH for the Engagement Fee. For the Monthly Fees, if you decide to use a debit or credit card, All debit or credit cards will incur a 3.2% Processing Fee. If an account becomes past due, all campaign activities will be paused until payment is made and the account is current. If an account becomes 90 days past due, it will be sent to collections.
Engagement Fee: The Client agrees to pay TFG the Engagement Fee for the program that is chosen at the time this Agreement is executed.
All Launch Plus and Pro Clients sign a separate agreement in addition to agreeing to these terms and conditions. Our programs are 3 months minimum.
Monthly Subscription Fees: The Client’s failure to pay the monthly subscription fee will result in a suspension of TFG’s services in the Statement of Work. Payments will be invoiced 30 days after the day we go live with advertising and every month consecutively. If you have a card on file, we will auto charge your card on file. If you don’t pay on time, then we may send you a late notice. If we don’t get your payment within 7 days after the date on the late notice, then we may charge a late fee of 1.5% of your monthly fee and/or suspend our services. Please pay us on time. Services will be paused if payment has not been made by the payment due date; re-initiation fees will apply.
Suspension for Non-Payment. If we suspend the Services pursuant to this Section, then we will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur in connection with any such suspension.
TFG may pause or suspend providing services if any payment is not received on or before 7 days from its due date (“past due payment”) and may consider it a breach of the Terms of Service once payment is 30 days past due. A suspension of services due to a past due to payment or a Client request to pause the program for any reason will not affect the scheduled due date of any current or future payments. The client understands that some Sales-Ready Appointments may not have been attended while others may require rescheduling, replacement, etc. as of the due dates of payments and will not affect the scheduled due date of payments.
Any Client requested suspensions of more than 30 days in length may result in the Agreement being considered in breach. In this event, the Client would forfeit any remaining deliverables.
The scheduled due date of payments will not be affected by:
TFG acceptance of payment after its due date.
A Suspension or pause of services due to a past due payment.
Client’s request to pause the program for any reason.
Fee Disputes.
If you are disputing any fees, you must act reasonably and in good faith and you must cooperate diligently with TFG to resolve the dispute. You must notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within thirty (30) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.
The Client is responsible for creating and fully funding their own Twilio account and paying for all voice minutes and SMS messaging while using S.C.A.L. Please refer to https://www.twilio.com/pricing for their up-to-date pricing.
Live Transfer Quality Assurance:
A Live Transfer is a prescreened opportunity that meets the approved marketing criteria. TFG provides no assurance that the Client's sales representative will be able to make a sale. TFG is not responsible for the effectiveness of the Client’s sales process, receptiveness of the market to the Client's offering, and proficiency of the Client’s sales representatives.
This Program’s criterion is designed to generate Live Transfers with Prospects with “authority & interest or pain or need”. Each appointment submission is evaluated by a member of our quality team to ensure qualification criteria are protected.
Prospect’s unwillingness to purchase or consider further is not an indicator of the quality.
INTELLECTUAL PROPERTY
TFG’s proprietary system comprises ad copy, graphics, video, ad placement, landing pages, and optimization techniques. You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. Using the Services does not give you ownership of any data or intellectual property rights in the Services or the content you access.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit the software and services that make up the Services other than as expressly authorized herein. You will not upload, post or otherwise make available on the Services any material protected by copyright, trademark or another proprietary right without the express permission of the owner of the copyright, trademark or other proprietary rights.
You will not resell or offer for resale any of the Services, or make any unauthorized use of the Services and any protected content. In particular, you will not remove, obscure, or alter any proprietary rights or attribution notices in any content, including any legal notices displayed on, in, or in connection with the Services. We do not grant you any licenses, express or implied, to the intellectual property of TFG or our licensors except as expressly authorized by these Terms. None of the TFG Services, or any part of any TFG Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TFG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TFG without express written consent. You may not use any meta tags or any other “hidden text” utilizing TFG’s name or trademarks without the express written consent of TFG.
INFORMATION SECURITY AND PROTECTION
The client agrees that the Website requires a “Terms of Use” and “Privacy Policy” in order to comply with United States law. The Client agrees to obtain and implement a “Terms of Use” and “Privacy Policy” for any website, created under this Agreement, no later than 10 days prior to the launch of the website being designed pursuant to this Agreement.
The client acknowledges that if a website is developed, the website will permit users to create individualized user accounts that will collect personal and private information. Some of the potential users of the website may be under the age of 18. The client agrees to implement a Privacy Policy that specifically complies with the United States Children’s Online Privacy Protection Act no later than 10 days prior to the launch of the website being designed pursuant to this Agreement.
The Parties specifically acknowledge that TFG is not responsible for the development of the “Terms of Use” or “Privacy Policy” or the implementation of those documents. The Client agrees to fully indemnify TFG for any violation or legal action arising from the “Terms of Use” or “Privacy Policy” that will be used for the Website.
It is the responsibility of the client to provide full access to any account information needed for TFG to be able to complete a project. If the client wishes for TFG to take control of and manage client assets the client must coordinate the unlocking and receipt of appropriate authorization codes to allow this to happen. If this cannot be coordinated, TFG reserves the right to acquire or create new assets in order for the project to be completed.
CUSTOMER DATA:
“Customer Data” consists of data and other information made available to us by or for you through the use of the Services under these Terms. Data Privacy. Personal data may be disclosed in accordance with the Privacy Policy. You acknowledge that you have read our “Privacy Policy” and understand that it sets forth how we will collect, store, use and disclose your Customer Data including personal data. If you do not agree with our Privacy Policy, then you must stop using the Services immediately.
REPRESENTATIONS & WARRANTIES:
Because TFG has no control over the individual search engines, TFG is unable to guarantee a specific increase in rankings, traffic, or sales. Except as specifically stated within this Service Agreement, TFG disclaims all other warranties or guarantees, expressed or implied, including merchantability, suitability, non-interference, non-infringement, and informational content.
Recordings and Communications Monitoring. You represent and warrant that if you record or monitor telephone calls, SMS messages, or other communications using the Services, then you will comply with all applicable laws prior to doing so and will secure all required prior consents to record or monitor communications using the Services. We make no representations or warranties with respect to recording or monitoring of telephone calls, SMS messages, or other communications. You acknowledge that these representations, warranties, and obligations are essential to our ability to provide you with access to recording and monitoring features that are part of the Services, and you further agree to indemnify us and our affiliates in accordance with the terms of Section 12 (Indemnity) for claims arising out of or related to your acts or omissions in connection with providing notice and obtaining consents regarding such recording or monitoring of telephone calls, SMS messages, or other communications using the Services.
Customer Data. You represent and warrant that you have provided (and will continue to provide) adequate notices and have obtained (and will continue to obtain) the necessary permissions and consents to provide Customer Data to us for use and disclosure pursuant to Section 11 (Customer Data).
Imported Leads. You represent that any information related to potential buyers (“Leads”) that you upload, import, or post to the Services was collected and at all times used in compliance with all applicable data privacy and security laws, including with respect to notice and consent requirements. You understand and acknowledge that such Leads may be used by TFG for any purpose at any time, including after you cease using the Services and/or your subscription terminates.
NON-INFRINGEMENT:
The CLIENT agrees to verify that all graphics, trademarks, and text that TFG uses within these listed services are legally owned by the CLIENT or received written permission from the rightful owner(s) to use. CLIENT will indemnify TFG and its employees from any liability or suit arising from improper use of such elements and shall indemnify TFG for any associated costs or losses, including attorney’s fees and costs.
TERM OF AGREEMENT:
If you have subscribed to one of our 3-month programs, The term of this Agreement shall commence as of the date the Agreement is fully executed by both parties and will terminate 3 months (90 days) later unless earlier terminated, as set forth below, or extended as agreed upon in this Agreement. Also, we do NOT offer contract cancellations. In the event that the Client has no other choice but to cancel, we will charge an early cancellation fee.
Once this term is completed, TFG will send CLIENT a Release Agreement as part of the Off-Boarding Process. The CLIENT must review and sign to complete this process. If this Agreement is terminated, the Parties agree that the confidentiality, indemnity, and reporting obligations, covenants, undertakings, and representations of this Agreement shall survive the expiration or termination of this Agreement, for any reason whatsoever. The Parties may extend the term of this Agreement. If the client is not renewing, we require a 10-day written notice stating that you will not be renewing your marketing agreement with TFG.
TERMINATION OF THIS AGREEMENT WITH CAUSE:
If you violate these Terms, your permission to use the Services will automatically and immediately terminate. In addition, TFG in its sole discretion may suspend or terminate your Account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. After your subscription terminates, information and content previously provided by you will no longer be accessible through your Account, but TFG may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
One party may immediately terminate this Agreement by written notice to the other party upon the occurrence of any of the following:
A party is in default of any of the provisions of this Agreement;The death of one of the principals of either party or if a principal is physically or mentally unable to perform their duties during the term of this Agreement;Insolvency, or voluntary or involuntary filing of a bankruptcy proceeding under applicable state or federal law by either party; orClient’s unauthorized use of Services.The client has failed to timely pay amounts due under the Agreement;
or acts in an unethical, unlawful, or abusive manner or is otherwise incompatible with TFG. Notwithstanding the termination of a Service Agreement, these Terms shall survive. Termination by TFG shall not preclude it from pursuing other remedies available to collect unpaid contracted amounts.
INDEPENDENT CONTRACTOR STATUS:
The Parties are expressly not creating a joint venture, partnership, employment, agency or other relationship. TFG’s relationship with Client is strictly as a marketing expert.
NON-SOLICITATION OF EMPLOYEES:
Client agrees that without expressed written consent, at all times while Client is employing the services of The F.A.M.O.S. Group and for twelve (12) months after contract period terminates, Client will not, directly or indirectly, whether individually or as an officer, director, employee, consultant, partner, stockholder, individual proprietor, joint venturer, investor, lender, consultant or any other capacity whatsoever: solicit, divert hire, retain (including as a consultant) or encourage to leave the employment or contract period of The F.A.M.O.S. Group and any employee or contractor of The F.A.M.O.S. Group, or hire or retain (including as a consultant) any former employee of The F.A.M.O.S. Group who has left the employment or contract period of The F.A.M.O.S. Group within twelve (12) months prior to such hiring or retention.
INDEMNITY:
Client shall indemnify TFG against any and all losses and expenses, including legal fees and expenses, arising from any proceeding that:
Is brought by a third party or by TFG against a third party; and,Arises out of the Client’s breach of its obligations, covenants, representations, or warranties under this Agreement.
NO GUARANTEES:
You acknowledge and agree that The F.A.M.O.S. Group makes no specific guarantee or warranty regarding the number of sales, appointments, the search providers, and publishers to which it submits advertising on your behalf, including placement of paid advertising or any specific results. The F.A.M.O.S. Group does not warrant the number of calls, sales, clicks, impressions, or website visits or that paid search advertising will appear in response to any particular query. The F.A.M.O.S. Group does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
As with any advertising or marketing, results may vary (Clients understand results can range from high to zero) and are quite dependent upon a multitude of factors such as but not limited to Facebook doing their security sweeps that cause ad accounts to get mistakenly disabled by their AI, budgets,target audiences, buttons, messages, surveys, client responses, client sales ability, client follow up lag time, calls to action, introductory services, geographical areas, industry niches, etc.
ATTORNEY'S FEES AND COSTS:
In the event, any litigation or other dispute resolution proceeding is commenced arising out of or relating to this Agreement, then the prevailing party shall be entitled to recover its attorney's fees and costs, whether at the pre-trial, trial or appellate levels.
LIMITATION OF LIABILITY:
As part of TFG’s undertaking this agreement, anything in this or any Agreement to the contrary notwithstanding, TFG’s liability for default or breach, including breach of any guarantee or warranty, expressed within this Agreement, shall be limited to the amount actually paid to TFG by Client under this Contract. The client agrees that TFG shall have no liability for loss of product or sales, lost profit, loss of website use, or any other indirect, incidental, economic, or consequential damages.
APPLICABLE LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
VENUE AND JURISDICTION:
Any dispute regarding this Agreement shall only be brought in the courts located in Broward County, Florida. The parties waive any argument or objection to personal jurisdiction, forum non-conveniens, or any other related jurisdictional objection that they may have in the future. In the interest of resolving disputes between you and TFG in the most expedient and cost-effective manner, you and TFG agree to resolve disputes through binding arbitration or small-claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
JURY TRIAL WAIVER:
The Parties waive their right to a jury trial for any dispute arising under this agreement.
SEVERABILITY:
If any provision or any part of any provision of this Agreement, or the application of any provision or any portion to any person or circumstance, shall be held invalid or unenforceable, the remaining portion of such provision and remaining provisions of this Agreement shall not be affected.
MODIFICATIONS:
This agreement may be changed, modified or amended only in a written modification that is duly executed by authorized representatives of both parties. Modification of the Services. TFG reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that TFG will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
If we do give you notice, it may be provided to you on your monthly statement, by e-mail, or other communication permitted under applicable law. However, if you continue to receive the Services after the change, this will constitute your acceptance of the change.
OWNERSHIP & CONFIDENTIALITY:
TFG agrees that terms and conditions under this Agreement and its contractual relationship with Client are considered confidential information, which includes technical and business information, including the terms of this Agreement. TFG shall not and will take all reasonable actions to ensure TFG’s agents do not use any such confidential information for any purpose other than the provision of the services under this Agreement. TFG shall not disclose any confidential information to any third party without the prior written consent of Client, except as may be required under state or federal law. In the event applicable law requires TFG to disclose confidential information, TFG shall immediately notify the Client of the request for disclosure, and to the extent permissible by law, the Client may respond to such request.
Use of Marks. You grant TFG the right to use your name, logo, and a description of your use case to refer to you on TFG's website, earnings releases, calls, and marketing or promotional materials, subject to your standard trademark usage guidelines that you provide to us from time-to-time.
AUTHORITY:
The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement of the Parties. All previous representations are merged and integrated into this Agreement. This Agreement may be executed in any number of counterparts all of which constitute a single original Agreement.