TERMS OF SERVICE AND CONTRACT

Last updated: October 15th , 2024

OVERVIEW

Local Pro Solutions aims to exceed your expectations by providing high-quality and professional consulting, development, marketing, and web design services. If you are not satisfied with the work, please let us know immediately, and we will attempt to correct any issues within our control to ensure your complete satisfaction.

1. GENERAL CONDITIONS

We reserve the right to refuse service to anyone. Your non-credit card information may be transferred unencrypted over various networks. Unauthorized use of any part of the Service is prohibited. Services provided include campaign setup, copywriting for ad content, retargeting setup (including display ads), weekly optimization activities, generating reviews from customers, managing client citations, providing monthly reports on campaign performance, and web design and development.

2. AD SPEND RESPONSIBILITY

Client's Responsibility for Ad Spend: The Client is responsible for all costs associated with the ad spend and will pay the Ad Platform (i.e. Google, Meta, Tik Tok) directly.

3. BILLING AND INVOICING GENERAL TERMS AND CONDITIONS

Local Pro Solutions (hereinafter “Company” or “Service Provider”) provides products and subscription services. Electronic and email communications are considered written notices in all company communications. These terms and conditions govern all invoiced services and payments. Invoice Terms: Invoices are due in full on the date of issue unless otherwise stated. Company may accept a deposit or offer payment arrangements as a courtesy, but this does not waive the full balance due. Payments made on an invoice signify acceptance of these terms. Once payment is made, there will be no refunds as work begins immediately. The invoice represents the full scope of the agreed-upon project and related services. Any changes beyond the scope will incur additional charges at $100 per hour in 30-minute increments.

Payment Deadlines: Invoices are considered agreements and are due as of the issue date, terminating upon full payment. Invoices sent via email serve as written notice of the balance due. Fees must be paid within 7 days of the invoice date. Software development and website design projects cannot be canceled once the initial payment or deposit is made.

Recurring Services: For recurring subscription services like ad management, the client will be charged automatically each month. Recurring subscriptions require a 3-day notice for cancellation. Late Payments: For any late payments, Company may (1) suspend services, (2) assess a $75 late fee, (3) charge the highest legal interest rate on unpaid balances, and (4) recover any collection costs, including attorney fees. These rights apply regardless of any other agreements.

4. FINANCIAL COMMITMENT

Initial Payment and Ongoing Fees: The Client agrees to pay the management fee and any campaign setup fees as determined by Local Pro Solutions. The first payment is required upon the signing of this Agreement, with subsequent monthly payments automatically charged on the same day of each following month.

Non-Refundable Payments: All payments made to Local Pro Solutions under this Agreement are non-refundable.

5. TERMINATION AND MODIFICATION POLICY

Termination Provisions: Either party may terminate this Agreement with written notice submitted at least three (3) days prior to the next scheduled payment cycle.

Service and Price Modifications: Prices and services are subject to change without notice. We are not liable for any modifications, suspensions, or discontinuances of the Service.

6. CONFIDENTIALITY AND NON-DISCLOSURE

Confidential Information Protection: Local Pro Solutions is committed to maintaining the confidentiality of all information provided by the Client. We will not disclose such information to any third party without prior written consent from the Client.

7. SERVICE QUALITY AND LIABILITY LIMITATIONS

Professional Service Delivery: Local Pro Solutions will provide its services in a professional and skilled manner.

Limitation of Liability: Local Pro Solutions is not liable for any special, incidental, indirect, or consequential damages arising from or related to the services provided.

Disputes shall be resolved through binding arbitration in California.

Service Disclaimer: Local Pro Solutions does not guarantee specific results from our services. Marketing campaign effectiveness can vary based on market conditions and other external factors.

8. SOFTWARE DEVELOPMENT & WEB DESIGN

Project Estimates: Software and website development projects are not fixed-price. The provided estimate is a “BEST ESTIMATE” of total development time. If actual time exceeds the estimate, the client will be billed at the standard hourly rate. Additionally, the project cost can increase if there are new additions to the scope of the project. Payments for development and design projects are non-refundable and due in full once issued. If a project is canceled or postponed, all payments are retained by the Company, and the full balance remains due.

Intellectual Property: Company owns all intellectual property, including software source code, custom website code, text, content, images, designs, layouts, themes, videos, logos, technical data, documentation, and programming code. These are proprietary and contain valuable trade secrets.

Website Ownership: Once the full balance of the invoice is paid to Local Pro Solutions, ownership rights to the website transfer to the client, subject to third-party licenses (e.g., WordPress® or Shopify®). The client may choose their web hosting company, and Local Pro Solutions will migrate the website for a fee. The client is responsible for any technical requirements for third-party hosting.

Project Changes: Software and website development involves many details, and customer requests may evolve over time. Estimates are good faith projections and not guarantees. Additional requests after project start will incur charges at the standard hourly rate. The Company will notify the customer of additional billing needs, and work will continue only with customer approval. If the customer does not approve additional time and billing, the project may be suspended.

9. DATA PROTECTION

We do not sell your data. We use it solely to provide agreed services and communicate with you. We adhere to applicable data protection laws.

10. DISPUTE RESOLUTION

Disputes will be resolved through mutually agreed upon alternative dispute resolution methods rather than court proceedings.

11. ACCESSIBILITY

We are committed to ensuring digital accessibility for people with disabilities and continually improving the user experience for everyone.

12. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless Local Pro Solutions and its affiliates, officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of the Client's use of or inability to use the services, any user postings made by the Client, the Client's violation of any terms of this Agreement or the Client's violation of any rights of a third party, or the Client's violation of any applicable laws, rules or regulations. Local Pro Solutions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, in which event the Client will fully cooperate with Local Pro Solutions in asserting any available defenses.

13. FORCE MAJEURE

Local Pro Solutions shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Local Pro Solutions' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

14. USE OF DELIVERABLES

The Client shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, or time-share any deliverable provided by Local Pro Solutions without prior written consent from Local Pro Solutions.