Fulfillment Policy: Refunds and Cancellation
Terms Of Service
GLOBAL PRIVACY STATEMENTS
You deserve
transparency
into our data use
1. Introduction
Welcome to Daniel Walton 365 LLC, DBA Patient Acquisition ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our services, including advertising, content creation, social media management, influencer management, and business coaching and consulting (collectively, "Services"). By using our Services, you agree to these Terms.
2. Services Description
We provide a range of digital marketing services designed to enhance your online presence and grow your business. Specific services include but are not limited to:
Advertising
Content Creation
Social Media Management
Influencer Management
Business Coaching and Consulting
3. Client Responsibilities
Information: You agree to provide accurate, current, and complete information necessary for us to perform the Services.
Collaboration: You agree to cooperate with us in all matters relating to the Services, including providing necessary access to your personnel, systems, and relevant data.
Compliance: You agree to comply with all applicable laws and regulations in your use of our Services.
4. Payment Terms
Fees: You agree to pay the fees specified in the applicable service agreement or invoice.
Payment Schedule: Payments are due as outlined in the service agreement or invoice.
Late Payments: Late payments may incur interest charges as specified in the service agreement.
Non-Refundable: All sales are final and non-refundable. You waive any rights to charge-back your purchase with your credit card processor or bank.
5. Campaign Management
Launch Timeline: Campaigns must go live within two weeks. Extending the launch date affects overall performance and incurs additional charges 30 days after the initial payment date.
Pausing Campaigns: You may pause ad campaigns at any time, but payments will continue as scheduled.
6. Cancellation Policy
Fixed Term Commitments: For services with a specified term (90 days, 120 days, etc.), cancellations are not allowed during the active term. Clients must fulfill the term length agreed upon in the contract.
Month-to-Month Services: For ongoing services past a fixed term, or for month-to-month services, clients may cancel with a notice period as specified in their contract (typically 3 business days before the next billing cycle). Notice must be given in writing and, in some cases, an exit interview may be required to process the cancellation.
Cancellation After Term: Post the initial term, services may continue on a month-to-month basis. Cancellations for these services require advance notice as per the terms stated in the contract specific to each service line.
7. Refund Policy
Non-Refundable Services: Once a client engages, which is done through legally binding contracts, with any of the services provided by Daniel Walton 365 LLC, including but not limited to influencer marketing, ads management, and CRM optimizations, the fees paid are non-refundable. This policy is in place to cover the upfront costs and efforts that go into the planning and execution of the services. Our team must be properly staffed to handle client requests, and we hire and place workers to oversee the execution of the work agreements.
Sale Finality: All sales are considered final upon payment. Clients waive the right to initiate chargebacks or disputes through their credit card company or bank once a transaction has been completed.
8. Confidentiality
Confidential Information: All non-public information disclosed by us is considered confidential. You agree to protect this information and use it solely for receiving our Services.
Term: The confidentiality obligations survive for 24 months from the date of this Agreement.
9. Intellectual Property
Client Content: You retain ownership of all content and data you provide to us.
Agency Content: We retain ownership of all materials, methodologies, and intellectual property developed by us during the provision of Services, except for the content specifically created for you.
10. Non-Solicitation
You agree not to engage in business dealings with any parties or influencers connected to you through our services for 12 months after the commencement of this agreement. Breaching this term may result in legal action.
11. Liability and Indemnity
You agree to release, indemnify, and hold us harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from the services provided under this Agreement. This includes liabilities due to our actions, omissions, errors, negligence, or misconduct.
12. Recording and Use of Communications
You consent to us recording all communications between you and our agency. These recordings may be used for marketing, legal, or other business purposes at our discretion.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California. You consent to the exercise of personal jurisdiction by California courts and waive your right to a jury trial to the fullest extent allowable.
14. Complete Agreement
This Agreement constitutes the complete and exclusive agreement between us. It supersedes all prior written and oral statements, conditions, obligations, representations, or warranties.
15. Communication and Compliance
Clear Communication: All policies related to refunds and cancellations are clearly communicated to clients at the onset of service and reiterated in the contractual agreement to avoid any misunderstandings.
Documentation and Confirmation: All transactions and cancellations are documented and confirmed through written communications to ensure a record is maintained for both parties' reference.
Dispute Handling: In the case of a dispute, we are committed to resolving issues in a manner that is fair to both the client and the agency, adhering to the standards set forth
16. Contact Us
If you have any questions about these Terms, please contact us at info@danielwalton365.com
1. Payment Terms and Schedule
The initial setup fee is due upon signing this agreement. The monthly fee and commission on closed deals will be invoiced monthly and are payable upon the invoicing date.
The initial setup fee is due upon signing this agreement. The monthly fee and commission on closed deals will be invoiced monthly and are payable upon the invoicing date.
Non-Refundable Deposit: The $29 deposit collected for appointments is non-refundable. However, if the Company chooses to refund the deposit to a patient who decides not to proceed with the treatment, the $24 fee per appointment collected by the Agency remains payable.
2. Terms of Sale
Daniel Walton 365 LLC, DBA Patient Acquisition will not do any refunds once the sale goes through.
The Company acknowledges that the success of the services depends on various factors, including the Company’s internal operations, consultation processes, and market conditions, which are beyond the Agency’s control. Similar to hiring an attorney, payment is for the service rendered, regardless of the outcome.
You hereby ratify your understanding that all sales are non-refundable and waive any rights to charge-back your purchase with your credit card processor or bank.
Campaigns must go live within two weeks. If you choose to extend the launch date, keep in mind that it will affect the overall performance, and you will get charged again 30 days after the initial payment date.
Clients using Daniel Walton 365 LLC, DBA Patient Acquisition may pause the ad campaigns whenever they would like and for as long as they would like. With that in mind, clients fully acknowledge and understand that their payments will still go through even if the ad campaigns are paused.
For the Continued M2M system, if for any reason the client would want to cancel services, they must notify Daniel Walton 365 LLC, DBA Patient Acquisition within 3 business days before the end of the 90-day cycle. In addition, you must schedule and take an exit interview with one of our team members over the phone to help us create a better experience for future partners.
Daniel Walton 365 LLC, DBA Patient Acquisition’s 90-day Patient Acquisition System is non-refundable. However, you can choose to stop your ads at any time. This cancellation notice must be submitted in writing over email to info@danielwalton365.com. In addition, you must schedule and take an exit interview with one of our team members over the phone to help us create a better experience for future partners.
This Agreement will be governed by the laws of the State of California, without giving effect to those principles of conflict of laws which might otherwise require the application of the law of another jurisdiction.
You consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. All Parties waive their right to a jury trial to the full extent allowable.
This Agreement constitutes the complete and exclusive agreement between us. It supersedes all prior written and oral statements, conditions, obligations, representations, or warranties. Time is of the essence.
Under no circumstances is the Company allowed to do business dealing with any parties, influencers brought onto them, or connected to them through services provided by Daniel Walton 365 LLC, DBA Patient Acquisition or affiliated companies. In the event that the party does, Daniel Walton 365 LLC, DBA Patient Acquisition can and will pursue legal measures to resolve and provide restitution for its own interests.
We strictly prohibit any business dealing with influencers/people we connect you to through our services until 12 months after this business agreement has commenced.
Daniel Walton 365 LLC, DBA Patient Acquisition, is not liable for any injuries, procedures, treatments, or malpractice that “the Company”, has performed on contracted influencers. This includes but is not limited to body contouring, laser, RF, EMS, microneedling, surgery, and/or injectables of any kind.
“The Company” is strictly prohibited from doing business with any contracted influencers or people introduced to “the Company” by Daniel Walton 365 LLC, DBA Patient Acquisition.
3. Cancellation Policy
Once the agreement is signed and implemented there are no refunds or cancellations for the initial 90 day program. You agree to stay for the 90 days, and you understand monthly payments will take place starting on day 90 unless notified in writing your intention to cancel or pause services.
4. Confidential Information.
“Confidential Information” means all non-public information, whether in written, oral, electronic or other form, that is disclosed or made available by the Agency (the “Disclosing Party”) to the Client (the “Receiving Party”) or its Representatives, whether before or after the date of this Agreement, that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, should reasonably be understood to be confidential. Confidential Information includes, without limitation, patient data, financial information, and any other information that is disclosed as confidential, as well as all marketing systems and strategies implemented by the Agency.
5. Restrictions.
The Client agrees to use the Confidential Information solely for the purpose of receiving the services provided by the Agency under the Agreement and not to disclose the Confidential Information to any third party without the prior written consent of the Agency. The Client shall take reasonable measures to protect the confidentiality of the Confidential Information, including ensuring that its Representatives are bound by confidentiality obligations no less restrictive than those set forth in this
Agreement.
Term. The obligations of the Client under this Section shall survive for a period of 24 months from the date of this Agreement.
6. Breach.
In the event of a breach or threatened breach of this Section by the Client or its Representatives, the Agency shall be entitled, in addition to any other rights and remedies available to it at law or in equity, to seek injunctive relief, including specific performance, and other equitable remedies without the necessity of proving actual damages. The Client shall also lose the guarantee provided by the Agency for the services rendered under the Agreement in the event of a breach of this Section.
7. Waiver of Liability
Waiver of Liability: The Client hereby agrees to release, indemnify, and hold harmless Daniel Walton 365 LLC, DBA Patient Acquisition, its affiliates, officers, agents, employees, and partners (collectively, “the Agency”) from any claims, losses, damages, liabilities, including legal fees and expenses, of any kind directly or indirectly related to, resulting from, or arising out of the services provided under this Agreement, regardless of the cause or whether such liabilities arise in contract, tort (including negligence), or otherwise. This waiver includes, but is not limited to, any liabilities due to the Agency’s actions, omissions, errors, negligence, or misconduct. The Client acknowledges that this waiver is a material inducement to the Agency entering into this Agreement and shall survive the termination or expiration of this Agreement.
8. Recording and Use of Communications
Consent to Record Communications: The Client expressly consents to Daniel Walton 365 LLC, DBA Patient Acquisition recording all telephone conversations, text messages, and internet communications between the Client and the Agency. The Client acknowledges and agrees that these recordings can be used by the Agency for marketing, legal, or any other business purposes at the Agency’s sole discretion. This consent extends to any form of communication exchanged in the course of conducting business under this Agreement, and the Client waives any rights to confidentiality or privacy in respect of such recorded communications. The Client acknowledges that this consent is a fundamental part of this Agreement and that the Agency relies on this consent in its business operations.
9. No Poaching or Solicitation
During the term of this Agreement and for 12 months after this Agreement ends, the Company shall not, directly or indirectly, on its own behalf or on behalf of or in conjunction with any other person or entity:
Solicit, induce, encourage, or attempt to solicit, induce, or encourage any client, customer, vendor, supplier, or other business relation of the Agency to cease or reduce doing business with the Agency.
Solicit, induce, encourage, or attempt to solicit, induce, or encourage any employee, contractor, or consultant of the Agency to leave the employ or engagement of the Agency.
10. Term and Termination
This Agreement shall commence on the Effective Date and shall continue renewing monthly until terminated by either party with thirty (30) days written notice.
Upon termination, the Agency shall return or destroy all Confidential Information in its possession and certify in writing to the Company that it has done so. Any equipment, documentation, and other Company property provided to the Agency must be returned within ten (10) days of termination.
11. Miscellaneous
This Agreement does not void any other agreements with the Agency, and all other agreements remain in full force and effect.
Any amendment to this Agreement must be made in writing and signed by both parties. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
In the event of a breach or threatened breach of this Agreement, the Agency shall be entitled to seek injunctive relief, including specific performance, and other equitable remedies without the necessity of proving actual damages.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
This Agreement is transferable by the Agency to another agency or service provider. The Company agrees to honor this Agreement under the same terms and conditions with any successor agency or service provider designated by the Agency.
Any disputes arising under this Agreement will be resolved through binding arbitration in California.
*a 3% CC processing fee will be applied for any card transactions (no fees if paid by ACH or wire transfers)
12. Acceptance
The client named below verifies that the terms of this Statement of Work is acceptable. The parties hereto are each acting with proper authority by their respective companies.
I understand that this authorization will remain in effect for 180 days minimum. I acknowledge that the origination of Credit Card transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this Credit Card and will not dispute these scheduled transactions.
Fulfillment Policy: Refunds and Cancellation
Fulfillment Policy
GLOBAL PRIVACY STATEMENTS
You deserve
transparency
into our data use
1. Introduction
This Fulfillment Policy outlines the process and standards for delivering our digital marketing services, including advertising, content creation, social media management, influencer management, and business coaching and consulting.
2. Service Delivery
Scope: The specific scope of services will be detailed in the service agreement between you and Daniel Walton 365 LLC, DBA Patient Acquisition.
Timeline: We will provide a timeline for the completion of services in the service agreement. Any changes to the timeline will be communicated promptly.
3. Client Collaboration
Feedback: Timely feedback from clients is essential to the successful completion of projects. We will request feedback at various stages of service delivery.
Access: Clients must provide necessary access to their systems, accounts, and relevant data to enable us to perform the Services.
4. Quality Assurance
We are committed to delivering high-quality services. Our team will perform regular quality checks throughout the service delivery process to ensure the highest standards are met.
5. Revisions
Content Creation: Clients are entitled to (1) revisions per piece of content. Additional revisions may incur extra charges.
Other Services: The number of revisions for other services will be specified in the service agreement.
6. Delivery Methods
Digital Delivery: Most services will be delivered digitally via email, project management tools, or other agreed-upon digital platforms.
Meetings: Business coaching and consulting services may be delivered through in-person meetings, video calls, or phone calls as specified in the service agreement.
7. Cancellation and Rescheduling
Cancellation: Clients must provide at least 3 business days' notice to cancel any scheduled services. Cancellations made with less notice may incur charges.
Rescheduling: Clients may reschedule services with at least (1) days' notice without incurring additional charges.