Terms and Conditions

Introduction

Welcome to R Performance Marketing. These Terms and Conditions ("Terms") outline the rules and regulations for the use of our performance marketing services. By accessing and using our services, you agree to comply with and be bound by these Terms.

Core Services

R Performance Marketing provides a comprehensive suite of services designed to accelerate your business growth, anticipate market trends, and automate processes for efficiency. Our key offerings include:

• •Accelerate: Boosting your brand's visibility and performance through tailored digital advertising campaigns.
• •Anticipate: Leveraging data insights and trends to predict and prepare for market shifts.
• •Consulting: Providing expert guidance on marketing strategies and execution, including deep dive consulting sessions.
• •Marketing: Crafting and managing integrated marketing campaigns across multiple channels.
• •Web Design: Designing and developing user-friendly and engaging websites.
• •Automate: Implementing automated solutions to streamline your marketing and operational processes.

Consulting and Deep Dive Services

Our consulting services include strategic planning, marketing assessments, and comprehensive deep dive sessions designed to provide detailed analysis and actionable recommendations. Please note the following important policies:

Use of Artificial Intelligence

Our services are enhanced by advanced artificial intelligence (AI) technologies, which are used to provide data-driven insights and automation. However, it's important to note that:

• •AI is not infallible and can sometimes produce incorrect or incomplete information.
• •We employ a combination of AI and human expertise to ensure the accuracy and quality of our services.
• •Our team brings a wealth of experience in the industry, ensuring that AI is used to complement, not replace, human oversight and quality assurance.

Dependencies on Third-Party Platforms

Our performance marketing efforts often depend on the functionality and availability of third-party services such as Google, Facebook, and others. Please be aware that:

• •We are not responsible for any outages, issues, or errors that arise from these external platforms.
• •Performance can be impacted by the operational status of these platforms.
• •The performance and effectiveness of the services outlined are contingent upon the normal and uninterrupted functioning of various external platforms and conditions.
• •Performance issues will also depend on competition, market conditions, and current economic conditions.
• •Clients must provide prompt notice of any service issues, and response times will vary based on the level of service and the specific package or add-ons you have chosen.

Review Services

We offer a comprehensive suite of review services designed to help manage and enhance your online reputation. These services include but are not limited to review monitoring, responding to reviews, and attempting to remove or mitigate the impact of negative reviews. Please note that:

• •We strive to maintain the integrity of reviews and do not support or condone the posting of fake reviews or any other forms of review manipulation.
• •Our review services are subject to RPM's terms of service and all applicable platform policies.
• •If a client is found to be engaging in unlawful or non-compliant activities as per Google's policies or other platform guidelines, R Performance Marketing holds the right to terminate the review service and seek payment for any remaining term of the service contract.

Rental and Ownership of Marketing Services

We offer our services on a rental lease basis as well as an ownership level. Please be aware of the following terms:

• •Rental Basis: Clients renting our services are considered performers and retain the usage rights necessary to perform marketing services, including the use of their brand name. Our proprietary products, such as our CRM software and AI technology, remain the property of R Performance Marketing.
• •Ownership Basis: Clients who opt for ownership retain full rights to their data and marketing materials, excluding our proprietary AI technology and any proprietary tools. Some services, such as web design, may involve third-party platforms like WordPress.
• •We are allowed to create case studies using client data, ensuring compliance with HIPAA and other relevant laws. Data usage will primarily confirm product effectiveness and stability.
• •Users and individuals' data remain exclusively owned by the client. We will contact the client only during the active contract period for service-related matters.

Subscription Plans

We offer flexible subscription plans to suit your business needs:

• •Month-to-Month Plan: A flexible plan with the ability to cancel with a 30-day notice.
• •6-Month Plan: A semi-annual commitment with automatic renewal unless notice is given at least 30 days before the end of the term.
• •1-Year Plan: An annual commitment with automatic renewal unless notice is given at least 30 days before the end of the term.

Cancellation and Notice Period

1. Month-to-Month Plan:

• •Clients on the month-to-month plan must provide a 30-day notice to cancel their service.
• •The service will continue until the end of the 30-day notice period.

2. 6-Month and 1-Year Plans:

• •Clients must provide a 30-day notice before the end of their current term to avoid automatic renewal.
• •If no notice is provided, the service will automatically renew for a minimum of 2 months (for the 6-month plan) or 3 months (for the 1-year plan).
• •Upon cancellation, clients must provide a reason for discontinuation. Acceptable reasons include but are not limited to: company going out of business, change in marketing strategy, financial constraints, or satisfaction with current results and no longer needing our services.

Transition and Service Termination

Upon receiving a cancellation notice:

• •We will work to ensure a smooth transition and closure of services.
• •All outstanding balances must be settled before the final termination of services.
• •We will provide you with all relevant data and reports generated during our engagement.

Response Times and Service Level Agreement (SLA)

Our Service Level Agreement (SLA) defines the guaranteed response times and support standards based on the service level included in your plan and any applicable add-on packages. We are committed to providing timely and efficient support to ensure your marketing operations run smoothly.

Response Time Standards

• •Standard Response Time: All clients receive standard monitoring and support with response times typically within 48 to 72 hours, depending on the service level specified in your plan. This includes acknowledgment of requests and initial assessment of issues.
• •Priority Response Time: Clients requiring faster resolutions or handling of critical issues may opt for a Priority Response package. This add-on provides expedited service with significantly reduced response times for urgent matters. Please reach out to learn more about expedited service options and pricing.

Point of Contact (POC) Policy

To maintain clear, efficient, and secure communication, we operate under a designated Point of Contact system for each account. This structured approach ensures streamlined service delivery and accountability.

Adding Additional Points of Contact

We understand that larger organizations or complex projects may require multiple authorized contacts. Additional Points of Contact can be added to your account for an additional fee, subject to the following requirements:

• •Priority Response Package Required: Additional POCs must be enrolled in the Priority Response Time package to ensure our team can maintain the elevated service standards required for multi-contact accounts.
• •Additional Fee Structure: Each additional POC is subject to a monthly fee that covers the enhanced monitoring, coordination, and support required to manage multiple authorized contacts effectively.
• •Authorization Process: All additional POCs must be formally authorized in writing by the primary account holder or C-suite executive before they can receive SLA-guaranteed response times.

This structured approach ensures that every authorized contact receives the attention and responsiveness they deserve while maintaining the quality of service that R Performance Marketing is known for. To add additional Points of Contact to your account, please contact your account manager or reach out to our team at help@rperformancemarketing.com.

Payment Terms

RPM requires a deposit to start the service. Payments are due according to the agreed subscription plan (monthly, semi-annually, or annually). Service will be billed automatically within the billing period. Late payments may incur additional fees and could result in service suspension until the account is brought up to date.

To ensure timely and efficient payment processing, all clients are automatically enrolled in our autopay program. This convenient feature allows for seamless billing and uninterrupted service. If a client opts out of autopay and chooses to handle payments manually, a 10% processing fee will be added to each invoice. Additionally, a 10% late fee will be applied to any overdue payments. We strongly encourage all clients to remain enrolled in autopay to avoid these additional charges and ensure continuous service.

If a client misses more than 30 days of payment, RPM reserves the right to seek full payment for the remaining term of the contract. This is essential to maintain service continuity and uphold our commitments to you. To ensure smooth and uninterrupted payment processing, RPM employs several best practices:

• •Automated Payment Reminders: We send timely reminders before each billing cycle to keep you informed of upcoming payments.
• •Flexible Payment Options: We offer various payment methods and schedules to suit your convenience.
• •Grace Periods: While we encourage prompt payment, we provide a short grace period after the due date to accommodate unforeseen delays.
• •Proactive Communication: We maintain open lines of communication to address any payment issues promptly.
• •Secure Payment Processing: All transactions are processed through secure and reliable payment gateways to protect your financial information.

In the event that an outstanding account remains unpaid beyond 30 days, RPM may pursue the full payment for the remaining term of the contract. Additionally, if legal action or collection services are required to recover the overdue amounts, the client will be responsible for covering all associated costs, including but not limited to legal fees, court costs, and collection agency fees.

Should the client subsequently settle the outstanding account after RPM has invoked the right to seek full payment for the remaining term, any claims to the remaining contractual value will be considered resolved and nullified. This means that once the account is brought up to date, RPM will consider the matter closed and no further claims will be pursued for the remaining term of the contract. This policy ensures that we can continue to deliver high-quality services without disruption, while also providing a fair resolution path for clients who bring their accounts up to date.

Limitation of Liability

To the maximum extent permitted by law, R Performance Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• •Your access to or use of or inability to access or use our services
• •Any conduct or content of any third party on our services or platforms we utilize
• •Any content obtained from our services
• •Unauthorized access, use, or alteration of your transmissions or content

In no event shall R Performance Marketing's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to R Performance Marketing in the twelve (12) months prior to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless R Performance Marketing and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services, including, but not limited to, your user content, any use of our services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our services.

Intellectual Property

All proprietary materials, methodologies, software, AI technology, templates, and processes developed by R Performance Marketing remain the exclusive intellectual property of R Performance Marketing. Clients are granted a limited, non-exclusive, non-transferable license to use these materials solely in connection with the services provided. Upon termination of services, all licenses granted shall immediately cease unless otherwise specified in an ownership agreement.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information received during the course of the business relationship. This obligation shall survive the termination of services and continue for a period of three (3) years thereafter. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties without confidentiality obligations.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where R Performance Marketing's principal office is located.

Each party shall bear its own costs and expenses related to the arbitration, and the parties shall equally share the fees and expenses of the arbitrator(s). The award rendered by the arbitrator(s) shall be final and binding, and judgment may be entered upon it in any court having jurisdiction.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State in which R Performance Marketing's principal office is located, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within that State for the purpose of litigating all such claims or disputes.

Changes to Terms and Conditions

R Performance Marketing reserves the right to modify these Terms at any time. Clients will be notified of any material changes via email or through a notice on our website at least thirty (30) days before the changes take effect. Continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree with the modified Terms, you may terminate your service in accordance with the cancellation provisions outlined herein.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

Entire Agreement

These Terms, together with any additional agreements, statements of work, or service agreements executed between you and R Performance Marketing, constitute the entire agreement between you and R Performance Marketing regarding the use of our services and supersede all prior and contemporaneous written or oral agreements between you and R Performance Marketing.

Contact Us

If you have any questions about these Terms and Conditions, please contact us: