Terms of Service
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Acceptance of Terms
By signing a service agreement or statement of work with Earned Impact, or by
otherwise engaging Earned Impact for services, you ("the Client" or "the
User") agree to these Terms of Service ("ToS"). If you do not agree to these
ToS, please do not use our services.
Where a signed service agreement or statement of work conflicts with these
ToS, the signed agreement governs.
Service Description
1.1 Search Engine Optimization and Paid Advertising
Earned Impact offers search engine optimization and paid advertising services
to improve your online visibility and search performance. These services may
include keyword research, on-page and technical optimization, content
strategy, and management of paid advertising campaigns (including platforms
such as Google Ads).
1.2 Public Relations and Content
Earned Impact provides public relations, content strategy, and content
creation services, which may include press outreach, thought leadership,
editorial content, and related publishing support.
1.3 Marketing Technology and Conversion Tracking
Earned Impact provides go to market strategy, marketing technology
implementation, and conversion tracking services, which may include analytics
setup, tag and pixel implementation, and reporting dashboards.
1.4 Enrollment Marketing
Earned Impact provides enrollment marketing services for educational and
nonprofit organizations, which may include recruitment campaign strategy,
application funnel optimization, and related marketing support.
1.5 Outbound Prospecting
Earned Impact provides outbound prospecting services, including cold email and
cold calling campaigns conducted on behalf of clients. Clients are responsible
for ensuring that any lists, scripts, or messaging they provide or approve
comply with applicable law, and Earned Impact will operate outbound campaigns
in accordance with applicable law, including telemarketing and anti-spam
regulations, to the extent such campaigns are within Earned Impact's control.
1.6 Artificial Intelligence Implementation Consulting
Earned Impact provides consulting services related to the evaluation,
selection, and implementation of artificial intelligence tools and workflows
for client organizations.
1.7 Website Development
Earned Impact provides website development services to create, design, and
optimize websites for clients. These services may include website design,
content creation, website optimization, and ongoing maintenance.
1.8 Other Marketing Services
Earned Impact may provide additional marketing services as requested by the
client or as detailed in individual service agreements or statements of work.
1.9 No Guarantee of Results
While Earned Impact employs industry best practices and strives to deliver
high quality marketing services, we make
no guarantees or promises regarding specific outcomes.
We do not guarantee improvements in:
Search engine rankings
Website traffic
Lead generation, enrollment, or donor acquisition
Other marketing performance metrics
By using our services, you acknowledge that
Earned Impact is not liable for service outcomes that do not meet your expectations.
Client Responsibilities
2.1 Accurate Information
You agree to provide accurate and complete information to Earned Impact for
the provision of services. It is your responsibility to ensure that all
information provided, including business details and contact information, is
accurate and up to date.
2.2 Compliance
You agree to comply with all applicable laws, regulations, and industry
guidelines when using the services provided by Earned Impact, including laws
governing telemarketing, email marketing, and data privacy that apply to
lists, contacts, or messaging you supply or approve.
2.3 Access and Cooperation
You agree to provide Earned Impact with the necessary access and cooperation
required to perform services effectively. This includes:
Providing credentials and permissions
Responding promptly to requests for information
Providing feedback when required
Intellectual Property Rights
3.1 Earned Impact Ownership
All materials provided by Earned Impact, including but not limited to:
Website content
Designs
Logos
Trademarks
Software
Proprietary frameworks, playbooks, and methodologies
are owned or licensed by Earned Impact and are protected by intellectual
property laws. You agree not to
use, copy, distribute, or modify these materials without
prior written consent from Earned Impact, except as expressly set out in a
signed service agreement (for example, final website deliverables or campaign
assets built specifically for you).
3.2 Client Ownership
You retain ownership of all content, data, and materials that you provide to
Earned Impact for the purpose of rendering services.
However, you grant Earned Impact a
non-exclusive, royalty-free license to use, reproduce, and
modify such materials solely for the purpose of providing the agreed services.
3.3 Artificial Intelligence Tools
Earned Impact may use artificial intelligence tools as part of delivering
services, including for research, drafting, data analysis, and workflow
support. Earned Impact remains responsible for the accuracy and quality of
deliverables regardless of the tools used to produce them, and reviews AI
assisted work product before delivery. Earned Impact does not submit client
confidential information to AI tools for the purpose of training publicly
available models.
Payment and Billing Policy
4.1 Fees
You agree to pay the fees specified in your signed service agreement or
statement of work with Earned Impact. Fees may be structured as:
One-time payments
Recurring subscriptions
Project-based payments
as agreed upon between you and Earned Impact.
4.2 Payment Terms
Payment for services is due as specified in the invoice or payment agreement.
Payment Due Date: Payment is due by the 15th of each month after receiving your invoice, unless
otherwise specified in writing in your service agreement.
Earned Impact reserves the right to
suspend or terminate services in the event of non-payment or
late payment.
4.3 Refunds
Refund policies, if applicable, will be outlined separately in the relevant
payment agreement or statement of work. Please refer to the specific refund
terms in your signed agreement.
4.4 Late Payments
Late payments may be subject to additional charges or penalties.
A late payment fee of 5% of the amount due, not exceeding $250 for the month in which the invoice was due, will be
applied for payments not received by the
20th of the invoice month.
4.5 Non-Payment
Failure to make payment within
30 days of the due date may result in:
Suspension or termination of services
Recovery actions for outstanding amounts
Outstanding balances will accrue
interest at a rate of 12% per annum, compounded monthly on
the total balance due, or the maximum rate permitted by applicable law,
whichever is lower.
Limitation of Liability
5.1 Disclaimer
Earned Impact strives to provide accurate and reliable services. However, we
do not guarantee the
accuracy, completeness, or reliability of any information or
results obtained through our services.
All services are provided "as is" and "as available."
5.2 Indirect Damages
In no event shall Earned Impact be liable for any
indirect, incidental, consequential, or punitive damages
arising from the use of our services or website, including but not limited to:
Loss of data
Loss of revenue
Loss of profits
Termination
6.1 Termination by Earned Impact
Earned Impact reserves the right to suspend or terminate access to our website
or services, in whole or in part, at any time without prior notice, including
in cases of:
Violation of these Terms
Violation of applicable laws
6.2 Termination by You
You may terminate your use of the services at any time by providing written
notice to Earned Impact, subject to any notice period or termination terms
specified in your signed service agreement.
Fees paid for services rendered prior to termination are
non-refundable.
Privacy Policy
We respect your privacy and protect your personal data in accordance with our
Privacy Policy.
Our Privacy Policy covers the following areas:
Types of information we collect (personal and non-personal)
How we use the information collected
With whom we may share your information
How we safeguard your data
Your rights and choices regarding your information
International data transfers and data retention
Children's privacy practices
How to contact us regarding privacy concerns
By using our services, you
consent to the practices described in our Privacy Policy.
Dispute Resolution
Before initiating arbitration, the parties agree to attempt in good faith to
resolve any dispute through direct negotiation for at least 30 days after
written notice of the dispute is given.
Any dispute, claim, or controversy arising out of or relating to these Terms
or our services that is not resolved through negotiation shall be settled by
binding arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules. The arbitration shall be
conducted by a single arbitrator, seated in Oregon, and judgment on the award
may be entered in any court of competent jurisdiction. Each party bears its
own attorneys' fees and costs unless the arbitrator awards otherwise.
Both parties waive the right to a jury trial and agree that claims may be
brought only on an individual basis, and not as a plaintiff or class member in
any class or representative proceeding. This section does not prevent either
party from bringing a qualifying dispute in small claims court, or from
seeking temporary injunctive relief in a court of competent jurisdiction to
protect intellectual property or confidential information pending arbitration.
Modification of Terms
Earned Impact reserves the right to modify or update these Terms at any time.
Material changes will be posted on this page with an updated effective date,
and where practical, current clients under an active service agreement will be
notified by email in advance of the changes taking effect. Continued use of
our services after such changes constitutes acceptance of the updated Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of
the State of Oregon, without regard to its conflict of laws
principles.
Any matter not subject to arbitration under the Dispute Resolution section
shall be subject to the
exclusive jurisdiction of the courts located in Oregon.
Contact Information
If you have any questions about these Terms of Service or our Privacy Policy,
please contact us through the contact information provided on our
Contact page, or at support@earnedimpact.org.
Earned Impact, LLC, a Wyoming limited liability company. Registered address: 30 N Gould St, Suite R, Sheridan, WY 82801.