TERMS & CONDITIONS

Financial Media Marketing

Last Updated: 15-january-2025

1. Acceptance of Terms

By purchasing, subscribing to, or accessing any services provided by Financial Media Marketing (“Company,” “we,” “us,” or “our”), you (“Subscriber,” “Client,” or “you”) agree to be legally bound by these Terms & Conditions (“Terms”).

Acceptance occurs upon any of the following:

  • Completing a purchase or subscription
  • Authorizing payment through Stripe or any payment processor
  • Checking any acknowledgment or consent box
  • Accessing or using services after payment

If you do not agree to these Terms, do not proceed with purchase or use of services.

2. Eligibility & Professional Responsibility

Services are offered exclusively to licensed financial professionals.

You represent and warrant that:

  • You hold and maintain all required professional licenses
  • You are solely responsible for regulatory, legal, and compliance obligations
  • You are authorized to engage prospects within your jurisdiction

The Company does not provide compliance, licensing, or legal validation and assumes no liability for your professional standing.

3. Nature of Services (No Guarantees)

The Company provides:

  • Contact information (name, email address, phone number)
  • Scheduled appointment opportunities
  • Electronic delivery via the OnyxOctopus CRM

Services are time-based and effort-based, not outcome-based.

The Company expressly makes no guarantees regarding:

  • Appointment attendance
  • Prospect qualification
  • Sales, commissions, or revenue
  • Conversion rates or responsiveness

Appointments are exclusive in that the Company will not knowingly sell the same appointment to another advisor; however, prospects may independently evaluate or engage other providers.

4. Subscription Terms, Billing & Plan Structure

4.1 Plan Configuration Controls

Each purchase or subscription is governed by the specific plan details displayed at checkout, which may include:

  • Term length (e.g., monthly, three-month, six-month, or other fixed duration)
  • Billing frequency (monthly, one-time, or otherwise)
  • Auto-renewal status
  • Included services and limitations

These plan details are incorporated by reference into these Terms.

4.2 Fixed-Term Commitments

If a plan is designated as a fixed-term commitment, you agree to the full financial obligation for the entire term, regardless of:

  • Usage
  • Results
  • Early cancellation
  • Dissatisfaction

Monthly billing for fixed-term plans constitutes a payment accommodation, not a month-to-month agreement.

4.3 Auto-Renewal

If a plan includes auto-renewal:

  • The subscription will renew for the same term length unless canceled in accordance with the cancellation window disclosed at checkout
  • Renewal occurs under the same terms and conditions unless otherwise disclosed

Failure to cancel within the stated cancellation window does not prevent renewal charges.

5. One-Time Fees, Setup Fees & Activation Charges

Certain services may include:

  • One-time purchases
  • Setup, onboarding, or activation fees

All such fees:

  • Are earned immediately upon payment
  • Are 100% non-refundable
  • Are forfeited for any reason once paid

The Company may waive fees at its sole discretion.

6. Non-Refundability & Financial Obligation

All payments are non-refundable once services are initiated.

You acknowledge that:

  • The Company incurs immediate, non-recoverable costs upon activation
  • Fees represent a reasonable estimate of onboarding, operational, and opportunity costs
  • Failure to utilize services does not relieve payment obligations

Fees are not contingent upon results, performance, or subjective satisfaction.

7. Cancellation Policy

Cancellation:

  • Prevents future renewal billing only
  • Does not terminate the active plan term
  • Does not result in refunds, credits, or fee reductions

Services may continue during the active term subject to these Terms unless limited due to breach, nonpayment, or compliance issues.

8. CRM & Calendar Requirements

8.1 Mandatory CRM Usage

Use of OnyxOctopus CRM is required to receive and manage services.

OnyxOctopus CRM is the sole and authoritative system of record for:

  • Service delivery
  • Appointment status
  • Replacement eligibility

Dispute resolution

8.2 Calendar Responsibility

You are solely responsible for:

  • Maintaining an accurate external calendar connection
  • Ensuring availability is correctly reflected
  • Maintaining a minimum of twenty (20) hours of available appointment time per standard business week (Monday–Friday)

Calendar sync failures, inaccurate availability, or misconfiguration do not constitute service failure.

9. Replacement Policy (Strict & Limited)

If a plan includes replacement eligibility, replacements are capped at twenty percent (20%) of appointments delivered during the applicable plan term.

Eligibility requires all of the following:

  1. Appointment outcome recorded in OnyxOctopus CRM
  2. Entry made on the same calendar dayas the appointment
  3. Correct pipeline stage selected
  4. Required notes entered

Failure to meet any condition permanently voids replacement eligibility.

Approved replacements may be delivered up to sixty (60) days following the conclusion of the applicable plan term, provided all payments are current.

10. Disqualification From Replacement

Appointments are not eligible for replacement if:

  • CRM entries are missing, late, incomplete, or inaccurate
  • Prospect cancels, reschedules, or fails to attend
  • Subscriber fails to document contact attempts
  • Calendar availability requirements are not met
  • Compliance or licensing issues prevent engagement

Plan is suspended, downgraded, or delinquent

11. System of Record & Evidence

You agree that:

  • CRM records, logs, timestamps, calendar entries, exports, and screenshots constitute conclusive evidence of service delivery
  • CSV exports or system screenshots are sufficient for billing disputes, audits, and enforcement

No external records supersede CRM data

12. Service Adjustments, Suspension & Nonpayment

The Company may reasonably adjust service intensity, optimization efforts, or replacement eligibility due to:

  • Nonpayment
  • Compliance concerns
  • CRM misuse
  • Breach of these Terms

Financial obligations remain in full force unless expressly released in writing.

13. Chargebacks & Dispute Acknowledgment

You acknowledge that:

  • Services begin immediately upon activation
  • Dissatisfaction does not constitute non-delivery
  • Chargebacks inconsistent with these Terms constitute a material breach

The Company reserves the right to pursue lawful collection of unpaid balances and recover dispute-related costs where permitted.

14. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages.

Total liability shall not exceed the amount paid by you in the three (3) months preceding the claim.

15. Governing Law

These Terms are governed by the laws of the state in which the Company is registered, without regard to conflict-of-law principles.

16. Modifications & Entire Agreement

These Terms constitute the entire agreement between the parties.

The Company may update these Terms from time to time. Continued use of services constitutes acceptance of revised terms.

17. Explicit Subscriber Acknowledgment

By completing your purchase, you affirm that you:

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