Terms and Conditions
Welcome to the omnifunnelmarketing.com website (the “Site”), an online information service provided by Omni Funnel Marketing . Your use of this website and any associated applications or platforms is subject to your compliance with the terms and conditions set forth below. By using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please refrain from using our services.
1. Copyright, Licenses, and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is omnifunnelmarketing.com, its affiliates, or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
Publications, products, content, or services referenced herein or on the Site are the exclusive trademarks or service marks of omnifunnelmarketing.com. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
2. Indemnification
You agree to indemnify, defend, and hold harmless omnifunnelmarketing.com, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
3. Third Party Rights
The provisions of paragraphs 1 (Use of the Service), and 2 (Indemnification) are for the benefit of omnifunnelmarketing.com and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
4. Fees & Payments
The client agrees to promptly pay Consultant for the services in the amount described in the signed agreement or work estimate, following the provisions of the Fee Schedule. In the event payment is not made within 10 Days of the payment due date, Consultant shall charge, and be entitled to, a late fee of 10% to cover the manpower, interest, and other costs that Consultant pays for carrying overdue invoices from Client. In the event payment is not made within 15 Days of the payment due date, the Consultant shall stop all work and reschedule the project timeline, and a $250 reinstatement fee will be incurred to restart work. This fee and all past due balances are due before the Client’s project will progress. All fees will continue to be due and will be charged to the Client even if the work has stopped due to a lack of payment. Should the Client choose to leave a credit card on file, all fees will be charged to that card on the day they are due. The Client agrees to maintain an adequate credit limit with the card issuer to ensure payments can be processed on time and/or immediately replace card on file with a new card and/or authorization form when advised of a declined charge.
Upon execution of this Agreement, should Client choose to submit payment through Consultant’s applicable payment portal “Square, Stripe, Paypal, etc.” client acknowledges that their credit card shall be automatically kept on file with said merchant, and all fees associated with this Agreement will be charged to that card, via “Auto Bill Pay” on a monthly (or quarterly) basis, on the day they are due, and no invoice will be sent. The client may request a digital receipt for any transaction at any time, and it will be provided promptly. Client acknowledges that all fees are non-refundable, that there are no prorations or fee adjustments, and Client agrees not to dispute, chargeback, or otherwise encumber any payments in any way, for any reason. If Client declines to submit payment through Consultant’s payment portal, thus declining enrollment into Auto Bill Pay, Client shall request a separate invoice, in which Consultant shall provide to Client within one (1) business day of said request, and subsequently ten days prior to each payment due date, as per the terms referenced herein, unless or until Client provides a credit card to be kept on file or chooses to pay any invoice electronically with a credit card, after which Client will be considered to have enrolled in Auto Bill Pay. Once enrolled in Auto Bill Pay, Client must give Notice, per the terms herein, if Client wishes to be removed from Auto Bill Pay. Notice must be given at least 15 days before Client’s next payment due date to allow for processing and invoice creation.
5. Expenses
Client shall reimburse Consultant for all reimbursable and jointly approved itemized expenses with third-party vendors, and for any costs incurred for prizes or ads for social media promotions. Any additional work request will be paid within 30 days of completion and comply with the rules of this Agreement.
6. Laws, Rules and Regulations
Consultant shall perform the Services in accordance with all applicable local, state, and federal laws and regulations.
7. Independent Contractor
It is the intention of the parties to this Agreement that the Services rendered hereunder shall be so rendered by Consultant as an independent contractor and not as an employee, agent, or partner of Client. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Client and Consultant or any employee or agent of Consultant. Both parties acknowledge that the Consultant is not an employee for state or federal tax purposes. Consultant shall retain the right to perform services for others, outside of the territory and category delineated herein, during the entire term hereof.
8. Chargebacks
Client acknowledges and agrees that all fees are non-refundable. Client understands and agrees that all fees due and payable as a result of Consultant’s services under this Agreement shall not be prorated or subject to any type of apportionment for any month in which the services halt before completion of the period or commence after the beginning of the period. All fees are due, payable, and must be collected on a calendar month basis. Client shall not charge back any amounts charged to its credit/debit card. There is no reason for a chargeback to ever be filed. Client waives any rights to chargeback fees with its credit/debit card provider and agrees not to dispute, chargeback, or otherwise encumber any payments in any way, for any reason. Unnecessary chargebacks are theft and can be prosecuted. If Client feels that its debit/credit card was used fraudulently by Consultant, please contact Consultant for immediate resolution. If Client claims a chargeback with their credit/debit card provider, then Client shall be liable to Consultant for attorney’s fees incurred in challenging the chargeback.
9. Confidentiality
The consultant agrees to maintain the confidentiality of files or other information it is provided or develops during the course of its work for the Client. It is the Consultant’s policy to hold client information in strict confidence. To further assure client confidentiality, the Consultant uses strict security measures to safeguard information about its clients.
10. Termination
Consultant reserves the right to terminate this Agreement and stop all work immediately should the Client breach any terms herein, including but not limited to the terms regarding payment, chargebacks, or any other reason. In the event of termination, any monies owed to Consultant shall become due and payable and be charged to the Client’s credit card on file immediately.
11. Miscellaneous
This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A waiver of any term or condition of this Agreement shall be valid only in writing and signed by the party waiving such term or condition. The headings in this Agreement are for convenience only and shall not affect its interpretation. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement and all of your rights and obligations hereunder may not be assignable or transferable by you without the prior written consent of Consultant. All information contained on this website, including these terms and conditions, is subject to change at any time, with or without notice. Consult the website frequently for changes.
12. Contact Information
For any questions or concerns regarding these terms and conditions, please contact us at:
Omnifunnel Marketing Support
1680 Michigan Ave. Ste 700
Miami Beach, Fl 33139