Terms of service
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FrameFlow Solutions, LLC, an Indiana limited liability company ("Company," "we," "us," or "our"). By accessing our website at www.frameflowsolutions.com, engaging our services, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
2. Description of Services
FrameFlow Solutions provides Pipeline-as-a-Service marketing and lead generation services designed specifically for post-frame construction businesses. Our Backlog Operating System™ includes: digital advertising management across platforms including Google, Meta, LinkedIn, and Microsoft Advertising; custom landing page development and hosting via CNAME configuration; lead capture and qualification; 24/7 response team services; CRM access and lead management; automated follow-up sequences; appointment scheduling and confirmation; performance reporting and analytics; and dedicated account management and strategy support. Specific service deliverables, performance guarantees, and pricing are detailed in your individual Service Agreement.
3. Client Eligibility and Requirements
Our services are designed for established post-frame construction businesses. By engaging our services, you represent that you are a legally formed business entity authorized to conduct business in your jurisdiction; you have the authority to enter into this agreement on behalf of your business; you will maintain adequate advertising budget as specified in your Service Agreement; you will respond to qualified leads in a timely manner; and you will provide accurate and complete information about your business.
4. Service Agreement and Contract Terms
Service engagement requires execution of a separate Service Agreement specifying your selected service tier, pricing, and terms. The initial contract term is six (6) months. After the initial term, services automatically renew on a month-to-month basis at the same rates unless either party provides thirty (30) days' written notice of cancellation. Early termination before completion of the initial six-month term may result in an Early Termination Fee as specified in your Service Agreement.
5. Fees and Payment
5.1 Fee Structure
Fees consist of: a Pipeline Activation Fee due at contract signing; a monthly Pipeline Operating Fee due in advance on your selected billing date; Qualified Consult Fees billed monthly in arrears based on delivered appointments; and advertising spend paid directly to advertising platforms or through our managed accounts.
5.2 Payment Processing
All payments are processed through Stripe. You authorize us to charge your designated payment method for all applicable fees. A 4% processing fee applies to credit card payments unless you provide a backup ACH payment method on file.
5.3 Late Payments
Payments not received within seven (7) days of the due date may result in service suspension. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
6. Performance Guarantees
Subject to the terms of your Service Agreement, we guarantee delivery of a minimum number of qualified consults per month after the initial onboarding and ramp-up period. A "Qualified Consult" means a lead within your specified service territory who attends a scheduled appointment and expresses genuine interest in post-frame construction services. If we fail to meet the guaranteed minimum in any month, Qualified Consult Fees for that month will be waived. This guarantee does not apply during the onboarding period or if service disruption results from Client's actions or failure to maintain required advertising spend.
7. Client Responsibilities
You agree to: maintain the minimum advertising spend specified in your Service Agreement; provide timely access to advertising accounts and necessary business information; respond to qualified leads within a reasonable timeframe; attend scheduled strategy calls and provide feedback; maintain accurate calendar availability for appointment scheduling; comply with all applicable laws and industry regulations; and refrain from actions that could harm our reputation or the effectiveness of our services.
8. Intellectual Property
The Backlog Operating System™, including all methodologies, processes, software, templates, and materials developed by FrameFlow Solutions, remains our exclusive intellectual property. You retain ownership of your business data, customer information, and any pre-existing intellectual property. Landing pages created for your campaigns may use our templates and systems; upon termination, you may request export of your lead data, but proprietary system elements remain our property. We grant you a limited, non-exclusive license to use our systems and materials solely for the purpose of receiving our services during the term of your agreement.
9. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of our business relationship. This includes business strategies, pricing, customer data, and technical information. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. CountyGuard Territory Protection
Clients who include Protected Counties in their service package receive exclusive rights to our lead generation services within those designated geographic areas. We will not provide competing services to other post-frame builders within Protected Counties during your active service period. Territory protection is subject to the terms specified in your Service Agreement.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRAMEFLOW SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.
12. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC SALES RESULTS, REVENUE INCREASES, OR BUSINESS OUTCOMES. ADVERTISING PERFORMANCE IS SUBJECT TO MARKET CONDITIONS, COMPETITION, AND FACTORS BEYOND OUR CONTROL.
13. Indemnification
You agree to indemnify, defend, and hold harmless FrameFlow Solutions, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: your breach of these Terms; your violation of any law or third-party rights; your business operations or customer interactions; content or materials you provide for use in our services; or any negligent or wrongful acts or omissions by you or your employees.
14. Termination
Either party may terminate the Service Agreement after the initial contract term with thirty (30) days' written notice. We reserve the right to terminate services immediately if you breach these Terms, fail to pay fees when due, engage in fraudulent or illegal activity, or take actions harmful to our business or reputation. Upon termination, you remain liable for all accrued fees and charges.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in White County, Indiana. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
16. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, labor disputes, utility failures, or internet outages.
17. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through our website. Continued use of our services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to modified Terms, you must discontinue use of our services.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with your Service Agreement, Privacy Policy, and Return and Refund Policy, constitute the entire agreement between you and FrameFlow Solutions regarding your use of our services. These Terms supersede any prior agreements or understandings, whether written or oral.
20. Contact Information
For questions about these Terms, please contact us at:
FrameFlow Solutions, LLC
Email: info@frameflowsolutions.com
Website: www.frameflowsolutions.com