Terms and Conditions
Terms and Conditions
The Automation Agency takes protecting your online privacy very seriously. This Privacy Statement explains our best practices concerning privacy, and how they may pertain to you as a user of our website.
You or Your means you as a participant in or as a user of the Automation Agency website. We or Us means the Automation Agency. Our site means www.Automation.Agency.
When you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system so we can better improve the experience for all our website users.
Email marketing: With your permission, we may send you emails about trainings, strategies, topics, new products, free and premium content (i.e. blog posts, images with quotes, YouTube videos, reports, white papers, etc.), and notifications about special events.
Video & Audio Recordings: All recordings that include video, audio, graphics, content and or text are the sole ownership and property of the Automation Agency. The Automation Agency reserves the right to use or share this content for any and all purposes (marketing videos, video case studies, testimonials, resolving disputes, and sharing the amazing results our agency is able to provide to small businesses).
Consent
When you provide the Automation Agency with personal information to complete a purchase or a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting your information and using it.
If we ask for your personal information through a newsletter subscription and marketing messages, we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent at any given time.
You may withdraw your consent at any time by clicking on an “unsubscribe” link which is offered at the bottom of every email we send through Infusionsoft or other email marketing platforms. You may also withdraw your consent anytime, by contacting us at [email protected] or by mailing us at Automation Agency, P.O. Box 24691 Tempe Arizona 85285
We do not sell, rent or otherwise disclose your personal information to any third parties, including but not limited to advertisers, strategic partners or vendors. Again, we take your privacy very seriously.
We may, however, disclose your personal information if we are required by law to do so or if you violate our Terms of Service. Also, if our site is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell and support our products and services.
Our payment processor and shopping cart solution is managed and hosted by Infusionsoft. Infusionsoft provides our online e-commerce platform that allows us to sell our products and services to you. Your data is securely stored through Infusionsoft’s data storage, databases and the general Infusionsoft application. They store your data on a secure server behind a firewall.
RECEIVING QUOTES
Please note that any and all quotes that are provided by the Automation Agency or its staff prior to completing our “Flowchart & Funnel Diagram Service” are a presented in the form of rough ballpark or a price range that can vary greatly depending upon many factors and variables. Each quote is based on the type of service, complexity, and size of of marketing automation campaign being requested. Once the flowchart and funnel diagram service is completed the Automation Agency will present multiple options for you to consider. Do It Yourself, Done With You, Done For You, or Done For You+ (DIY, DWY, DFY & DFY+) are the most common pricing packages we will present, but it is entirely up to you to choose which package best fits your specific needs and budgets. At this time a final quote that has the most up-to-date and accurate pricing will be presented to you. The Automation Agency also offers payment plans for businesses on specific packages to help support the many small businesses we proudly serve and support each month.
Our $5,000 consultation fee for the flowchart and funnel diagram typically includes the strategy, design, and mapping of (1) product or department per project. The average campaign typically includes about 15 automation sequences, up to 50 emails, and 15 sms messages. Flowchart designs that exceed these baseline averages should expect to receive additional fees to be applied at the final quote.
NO REFUND POLICY
By making a purchase with the Automation Agency, you acknowledge that you have read and agree to the No Refund Policy. When you make a payment to the Automation Agency this payment is final. Upon cancellation of an agreement by you for any reason, any and all unused funds or credits will be forfeited. In some instances the Automation Agency may grant a credit that can be used towards other agency services, however, credits are not always granted and are based on the circumstance of the refund request.
*In the event a refund is granted under special circumstances a processing fee of $125 will be applied to process the refund.
Upon the handoff or completion of any project, service, or deliverable, the Client shall have thirty (30) calendar days from the date of the most recent communication, correspondence, or update provided by the Automation Agency (whether by email, SMS, telephone call, meeting, or other documented method) to request any additional changes, updates, or modifications. If no such requests or communications are received within this 30-day period, the project shall be deemed fully completed, accepted, and fulfilled by the Automation Agency. After this period has lapsed without further written communication from the Client, ALL work shall be considered final, and the Automation Agency shall have no further obligation to make revisions, perform additional work, or provide ongoing support related to the completed project.
When the client has purchased or received one of the Automation Agency’s highly discounted rates for one of our subscriptions or offers through a 6-month, 12-month or 24-month contract the client agrees to make ALL payments within the confinements of the agreed payment terms. If you fail to pay for the services when due, the Automation Agency has the option to treat such failure to pay as a material breach of this Contract, and has the authority to collect and receive the remaining balance of the discount received.
1. Contract Duration and Rates
Many of our services are offered under both a 6-Month Contract and a 1-Year Contract. By agreeing to our terms and conditions, the client agrees to the respective term rate and payment as provided in their signed contract. We’ve provided an example of one of our most popular subscription and discount packages below:
1-Year Contract Rate: $4,997 per month
Month-to-Month Rate: $7,997 per month
2. Early Termination and Responsibility for Payment
If the client terminates the contract before the completion of the agreed term (6-month or 1-year), the client will be responsible for the difference between the discounted contract rate and the month-to-month rate for the months that services have been provided.
Example for 1-Year Contract:
Contracted Rate (1-Year): $4,997 per month
Month-to-Month Rate: $7,997 per month
If the client cancels the contract after 3 months of service, the client will be required to pay the difference between the contracted rate and the month-to-month rate for the 3 months that have been fulfilled.
Example Calculation for Early Termination:
Month-to-Month Rate: $7,997 × 3 months = $23,991
Contracted Rate: $4,997 × 3 months = $14,991
Difference Owed: $23,991 – $14,991 = $9,000
Therefore, the client will owe $9,000 in addition to any amounts already paid for the 3 months of service.
3. Payment Schedule
All payments are due as specified in the invoice schedule for the contracted term. Should early termination occur, the final payment will be adjusted to reflect the additional amount owed for the difference in rates as described above.
Agreement Modifications
Any modifications to your contract must be made in writing and signed by both parties. This includes any changes in service, rates, or cancellation terms.
Final Payment Due Upon Early Termination
If early termination occurs, the final payment due for the remaining months of the contract, including the rate difference, must be paid in full within 30 days from the date of termination.
In the event a chargeback, payment reversal, or disputed transaction is intentionally or unintentionally submitted or occurs in connection with any payment made under this Agreement or any future payments related to ongoing or subsequent services, the entire balance of the project fee, together with the full amount of the chargeback, shall become immediately due and payable to the Automation Agency.
The client further agrees to compensate the Automation Agency at a rate of $250 per hour for all time reasonably spent managing, disputing, or responding to any chargeback or payment reversal. This includes, but is not limited to, time spent preparing documentation, submitting evidence, communicating with the client, merchant account providers, financial institutions, payment processors, or any third-party entities involved in the dispute. These hourly charges are in addition to and not in lieu of the outstanding project or service balance owed.
Furthermore, the client grants the Automation Agency express and irrevocable authority to process or collect any chargeback-related fees, penalties, or administrative costs automatically within twenty-four (24) hours of notice or occurrence of such chargeback or payment dispute.
The client acknowledges that initiating a chargeback, regardless of intent, constitutes a material breach of this Agreement and expressly waives any rights to mediation or alternative dispute resolution. Upon such breach, the Automation Agency shall be entitled to pursue immediate legal and equitable remedies, including recovery of all amounts owed, hourly dispute-management fees, attorney’s fees, court costs, and any damages permitted under the laws of the State of Arizona.
All disputes, claims, or actions arising from or relating to this clause or the Agreement as a whole shall be governed by and construed in accordance with the laws of the State of Arizona. The parties agree that the exclusive venue and jurisdiction for any legal proceedings shall be the state and federal courts located in Maricopa County, Arizona.
The Automation Agency requires a 30-day cancellation notice to be provided in writing (email or letter) for all monthly services, as well as 30-days prior notice to the completion of any contractual agreements. If, for any reason, the contract is broken or a request to stop payments is made prior to the completion of the agreed payment plan, the Automation Agency reserves the right to either (a) retroactively charge the non-discounted hourly rate for all hours of work completed and/or the remaining balance of the contract (whichever is greater), or (b) send the remaining balance of the contract to collections and initiate mediation or legal proceedings to recover the amount due. The client acknowledges that the rates provided under this agreement reflect a discounted package rate, and that early termination or breach will result in billing adjustments to the full standard rate.
In the event a temporary stop payment is requested during the contract period, the Automation Agency will assess a $250 monthly administrative fee for each month that payments are placed on hold. The client also agrees to pay all costs of collection, including, without limitation, reasonable attorney fees and related expenses, if such measures are required to recover amounts owed under this agreement.
The occurrence of any of the following shall constitute a material default under this Contract:
A). The failure to make a required payment when due.
B). The insolvency or bankruptcy of either party.
C). The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
D). The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of the agreed Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of the Contract.
The parties will attempt to resolve any dispute out of or relating to the Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
Notwithstanding the foregoing, if the Client, whether intentionally or unintentionally, initiates, authorizes, or processes a credit card chargeback or any payment reversal in connection with this Agreement, such action shall constitute a material breach of this Agreement and an express waiver of the Client’s right to mediation. The parties agree that any chargeback or payment reversal nullifies and voids the mediation requirement set forth above, as the Client has failed to comply with the contractual obligation to first resolve disputes through the procedures described herein. Upon such breach, Automation Agency, LLC shall have the immediate right to pursue all legal and equitable remedies available, including the filing of a civil action in Maricopa County, Arizona, and recovery of all related attorney’s fees, costs, and damages.
Automation Agency shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Automation Agency’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Automation Agency on similar projects.
All online and direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of credit card providers like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
CREDIT RATES & FEES
Please review these terms carefully, and feel free to contact us with any questions or concerns regarding your credits and their utilization within the specified contractual period.
At no point during the transaction does Automation Agency store or hold your credit card information. This process is managed and monitored by Infusionsoft, and you can read their terms of service, privacy policy and PCI Compliance information by visiting their site at: http://www.infusionsoft.com/legal
When you click on hyperlinks in our store, sales pages, or landing pages, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy views, policy and statements.
We take necessary precautions to protect your personal information and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
When you provide the Automation Agency with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications can take effect immediately and often to ensure compliance with many local, state, and federal laws.
If you would like to: access, correct, amend or delete any personal information we have about you then please send us an email to Jason[at]automation[.]agency or by mail at P.O. Box 24691 Tempe, AZ 85285
