Service Terms & Conditions

1. Agreement Overview

These Terms and Conditions ("Agreement") govern the provision of services by Vulcan Suite LLC ("we," "our," "us," or "Company") to you ("Client," "you," or "your"). By engaging our services, you agree to be bound by this Agreement.

Services Include:

• Lead management and inbound call handling
• Website design and development
• Search engine optimization (SEO)
• Customer review management
• Related consulting services

2. Service Description

2.1 Lead Management Services

We manage inbound leads for your home service business (HVAC, tiling, etc.) through:

• Answering and routing phone calls
• Responding to email inquiries
• Engaging with leads via SMS/text messaging
• Qualifying leads and booking appointments
• Escalating urgent matters to you

2.2 Communication Channels

We communicate with your leads through various channels including phone, email, and SMS. Our SMS program, "Vulcan Suite Messaging," is used to engage with leads who call your business or opt-in through your website.

2.3 Other Services

Website design, SEO optimization, and review management services are performed as specified in your service proposal or statement of work.

3. Term and Payment

3.1 Term

This Agreement begins on the service start date and continues on a month-to-month basis until terminated by either party.

3.2 Payment Terms

• All fees are due upfront before services commence
• Monthly fees are charged automatically on the anniversary of your start date
• Late payments may result in service suspension

3.3 No Refunds

All fees paid are non-refundable. We do not provide refunds for partial months or unused services.

4. Client Responsibilities

4.1 Onboarding Requirements

You must provide:

• Your business phone number(s) for call forwarding
• Website access (credentials or collaborator access) for implementing our systems
• Business information necessary to represent your company accurately
• Any specific scripts, pricing, or procedures you require us to follow

4.2 Cooperation

You agree to:

• Respond promptly to our requests for information or clarification
• Review and approve materials in a timely manner
• Notify us of any changes to your business operations, contact information, or service offerings

4.3 No Exclusivity

This Agreement does not create an exclusive relationship. You are free to use other service providers, and we may provide services to other businesses, including competitors.

5. Intellectual Property

5.1 Our Ownership

We retain all rights, title, and interest in:

• All work product, systems, processes, and methodologies we create
• Website designs, code, templates, and frameworks
• Content, copy, and creative materials we develop
• Software, integrations, and automation flows
• All intellectual property related to our service delivery

5.2 License to You

Upon full payment, we grant you a limited, non-exclusive, non-transferable license to use the deliverables solely for your business operations. This license terminates upon cancellation of services.

5.3 Portfolio Rights

You grant us the right to use your business name, logo, and project details in our portfolio, case studies, and marketing materials unless you explicitly object in writing.

6. Confidentiality

6.1 Your Information

We agree to:

• Maintain the confidentiality of your business information and customer data
• Use your information solely to perform our services
• Not sell, rent, or disclose your information to third parties except as necessary to provide services
• Implement reasonable security measures to protect your data

6.2 Customer Data

We handle your customers' personal information in accordance with our Privacy Policy. We do not sell customer data or use it for marketing purposes outside of your service engagement.

6.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of ours
• Was already in our possession without confidentiality obligations
• Is required to be disclosed by law or court order

7. Limitation of Liability

7.1 Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOST LEADS; OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE MONTH IMMEDIATELY PRECEDING THE CLAIM.

7.3 No Liability for Third Parties

We are not responsible for the acts, omissions, or failures of third-party platforms, tools, or services we use to deliver our services.

8. Third-Party Services

8.1 Tools and Platforms

We utilize various third-party tools to provide services, including but not limited to:

• Twilio (SMS and voice services)
• Customer Relationship Management (CRM) systems
• Website hosting platforms
• Analytics and tracking tools

8.2 No Responsibility for Outages

We are not responsible for service interruptions, outages, or failures caused by third-party providers. This includes:

• Phone or SMS delivery failures
• Website hosting downtime
• Platform API changes or disruptions
• Internet or telecommunications failures

9. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet or telecommunications failures, and third-party platform outages or disruptions.

10. Termination

10.1 Cancellation

Either party may cancel this Agreement at any time with written notice. Upon cancellation:

• Services will cease at the end of the current billing period
• We will remove our systems and access from your accounts
• All licenses granted to you will terminate
• You remain liable for all outstanding fees

10.2 No Refunds

As stated in Section 3.3, no refunds will be issued for any reason, including early cancellation.

10.3 Data Return

Upon termination, we will provide you with any customer data or leads in our possession in a standard format. We are not obligated to maintain data beyond 30 days after termination.

11. Dispute Resolution

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.

11.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration in Sheridan, Wyoming, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

11.3 Class Action Waiver

You agree that any proceedings will be conducted only on an individual basis and not as a class action. You waive any right to participate in class actions.

11.4 Attorneys' Fees

In any dispute, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.

12.2 Amendments

We may modify this Agreement with 30 days' written notice. Continued use of services constitutes acceptance.

12.3 Severability

If any provision is found invalid, the remaining provisions shall continue in full force.

12.4 Assignment

You may not assign this Agreement without our written consent. We may assign without restriction.

12.5 Notices

All notices shall be sent to the contact information on file or to our registered agent address.

13. Contact Information

Vulcan Suite LLC
30 North Gould Street, Ste N
Sheridan, WY 82801
[email protected]

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.