These Service-Level Terms shall operate in conjunction with the InvesTechs General Terms of Service.
Purpose.
InvesTechs is entering into this Agreement with Client for the purpose of utilizing digital marketing methods to assist in the generation of new leads (the “Leads”) and meetings with the Leads (the “Meetings”) (collectively the “Services”).
Effective Date.
Shall be defined as the date that the Client purchases the Services from InvesTechs.
Description of Services.
As of the Effective Date InvesTechs will begin providing to the Client the Services below:
a. Data
InvesTechs maintains proprietary investor lead databases (the “Databases”). InvesTechs will use the Databases to generate investor prospect targeting lists for use in the Campaign. The contents of this data shall not be made available to the Client. However, the Client shall have unrestricted access to any data provided by the Lead for the purposes of the Campaign.
Should the Client have access to data sets for additional contacts that may qualify as Leads for the Campaign (“Existing Network”), InvesTechs can integrate this Existing Network into the Campaign. All data provided by Client shall be considered intellectual property of the Client. This Campaign will have its own scope of work.
b. Advertising
Creative strategy, design, production, management, and ongoing optimization of Static Graphic and Video Ad Campaigns.
Prospecting advertising campaigns to targeted custom audiences of potential high net worth prospects.
Retargeting ads, targeting prospects who have previously visited the Client’s website(s).
Multi-step data collection process to automatically qualify Leads, built into the advertising campaigns.
InvesTechs will continually monitor campaign performance and optimize them for conversion. This includes periodically updating the campaign strategy, creatives and copy. InvesTechs will update the advertising campaigns as needed according to our best recommendations, with no additional cost to the Client.
c. Reporting
InvesTechs will provide the Client with a real-time updating reporting dashboard to report on key performance indicators. InvesTechs may rely on multiple dashboards to increase the breadth of reporting capabilities.
InvesTechs will provide weekly Report Summaries, where InvesTechs will summarize, provide insights and make recommendations based on the previous week of data.
d. Support
InvesTechs will have monthly meetings with the Client that are up to one (1) hour in length each.
InvesTechs will provide each Client with a support form where the Client can submit support requests.
InvesTechs will provide the Client with a Slack channel for real-time communication.
Monthly Advertising Budget
The Client agrees to provide a minimum advertising budget of $2,500 per month to be utilized exclusively by InvesTechs for the Campaigns. The Client agrees to provide InvesTechs a Meta ad account without the interference of other Advertising Agencies. InvesTechs will send Client weekly and monthly automated reports to evaluate the advertising budget. Client gives InvesTechs full authority to adjust the allocation of this budget to improve conversion goals, however, InvesTechs will not spend more than the agreed upon Monthly Advertising Budget.
Payments.
The price of the Services (the "Retainer") is agreed to be 15% of the Monthly Advertising Budget, with the minimum Retainer being $1,500 per month (the "Minimum Retainer"). Payments for the Retainer shall be due on the same day each month, set according to the Effective Date of this Agreement (the "Payment Date"). On the Payment Date, InvesTechs will invoice the client for (i) the Minimum Retainer (a fixed amount), and (ii) any amount of the Retainer in surplus of the Minimum Retainer (a variable amount). Client authorizes InvesTechs to automatically charge Client's stored payment method for both of these transactions on the Payment Date.
Money Back Guarantee
If InvesTechs does not generate 30 Accredited Leads for the Client, within 30 days of launching the advertising campaigns, the Client shall be entitled to a full refund of the Setup Fee, and the Client will have no further financial liability to InvesTechs for any Accredited Leads generated by the Campaign. Should the Client choose to refund their Setup Fee, InvesTechs shall have the right to immediately terminate this Agreement.
Timeline.
Substantial Completion Shall be defined as the stage of progress of work wherein the Services are sufficiently complete and ready for use as originally intended, according to the Services of this Agreement. InvesTechs will achieve Substantial Completion of the Services defined in Exhibit A no later than one (1) calendar month after the Effective Date.
Launch Date.
Shall be defined as the date that Substantial Completion is achieved.
Term and Termination.
This Agreement shall be effective as of the Effective Date, and shall remain in full force and effect for three (3) months after the Launch Date. After this time, this Agreement shall automatically renew in one (1) month increments unless Client provides InvesTechs with written notice of intent to not renew fourteen (14) days prior to renewal.
The Client may pause this Agreement at any time by providing a 14-day written notice and paying a $500 Campaign Pause Fee. When this Agreement is paused (i) the Client shall not owe any fees to InvesTechs, (ii) InvesTechs will turn off all software necessary to run the Campaigns, and (iii) InvesTechs will stop providing the Services until the Agreement is resumed. This Agreement may be resumed at any time by the Client by providing InvesTechs written notice. Billing for the Services shall resume the next business day after the Client providing this Notice. The Client understands that resuming the Services requires up to 5 business days after official notification.
The Client may terminate this Agreement at any time with a 14-day written notice. When this Agreement is terminated by the Client prior to the Termination Date, the Client shall incur a Termination Fee of $1,000.
The Client acknowledges that the sales cycle with Investor Leads can often be three to six months, optimal KPIs of the campaigns may not be reached until this point, and this is the primary reason that the minimum Term of this Agreement is three (3) months after the Launch Date.
Either party to this Agreement may terminate this Agreement in the event of a material breach of this Agreement by the other Party, if such breach continues uncured for a period of fourteen (14) days after written notice of such breach.
Either Party may immediately terminate this Agreement if notified that any individual or entity involved in this Agreement is convicted of any violation of any state or federal securities-related law or regulation.
Termination of this Agreement shall not relieve Client from its obligation to pay InvesTechs according to Exhibit B of this Agreement, up to the date of termination.
Responsibilities.
Each Party shall have responsibilities to the other Party.
a. InvesTechs Responsibilities.
i. InvesTechs has the experience and ability to fulfill the Services contained in this Agreement and will do so in a timely manner.
ii. InvesTechs will strive to meet every deadline that is set.
iii. InvesTechs will maintain the confidentiality of all documents, content, and other confidential information that is provided.
iv. InvesTechs understands that the Client’s primary metric of success for the Campaigns will be based on the quality of Leads generated. v. InvesTechs commits to utilizing objective and subjective data to prioritize and optimize Lead quality and volume over time.
b. Client Responsibilities.
i. The Client shall be responsible for providing a dedicated Sales Agent who will attend meetings with Leads (the “Sales Agent”) and provide regular updates to InvesTechs on the quality of the Leads.
ii. Throughout the course of fulfilling the Services of this Agreement, InvesTechs will require additional information and content from Client. It is the Client’s responsibility to provide this information in a timely manner in the format requested.
iii. InvesTechs will rely on Client for resources and information necessary to generate meaningful advertising and nurture content that accurately represents the values and vision of Client. The Client will be responsible for providing InvesTechs with the resources necessary.
iv. Client will provide InvesTechs with the URLs to suitable website landing pages under control of the Client for the following uses: Privacy Policy, No Offer Disclaimer, Terms of Use, and Contact Us with compliant out-in language.
v. As needed, Client will install on their website tracking code(s) required by the Campaign.
vi. Client is prepared to spend at least the Minimum Advertising Budget each month for the duration of this Agreement.
Counterparts.
This Agreement is made to be in conjunction with the InvesTechs General Terms of Service, and any other service-level Terms of Service, executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. If any portion of this Service-Level Terms Agreement is found to be in conflict with the InvesTechs General Terms of Service, this Agreement shall take precedence.
Binding Nature.
The Client understands that THIS AGREEMENT IS NON-BINDING ON ITS OWN. THIS AGREEMENT BECOMES BINDING AT THE POINT IN WHICH THE CLIENT (i) COMPLETES THE SIGNATURE FORM BELOW, INCORPORATED BY THIS REFERENCE, (ii) AGREES TO THE INVESTECHS GENERAL TERMS OF SERVICE, AND (iii) MAKES PAYMENT FOR THE SERVICES.
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