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.