These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Twiz, LLC. (the “Site”). These Terms are subject to change by Twiz, LLC.(referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your complete and total acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
CLAUSE 1: OUTREACH AND MEETING BOOKING SERVICES
1.1 Minimum Response Rate Requirement
To qualify for approval by the Agency, an outbound sales pitch must achieve a minimum positive response rate of 1% from prospects who take action. For example, our podcast invitation lead magnet achieves an average response rate of 5%.
1.2 Scheduling of Meetings
The Agency will schedule meetings based on the Client’s availability to ensure a balance between meeting new prospects and focusing on closing deals. The Client must allocate adequate time to both activities.
1.3 No Guarantee of Results
The Client acknowledges that there is no guarantee of sales or meetings from the Agency’s services and understands that establishing a scalable and profitable outbound sales system may take several quarters.
1.4 No Refunds
Past success is not a guarantee of future results. The Client should consult advisors before making decisions. All sales are final, and no refunds are provided for services rendered.
CLAUSE 2: CLIENT’S RESPONSIBILITIES
2.1 Best Efforts Toward Goals
The Client will use best efforts to meet the goals, objectives, and KPIs defined during the engagement.
2.2 Calendar Availability & Materials
The Client must ensure sufficient calendar availability for meetings booked by the Agency and provide necessary materials for deal closure.
2.3 Access to Documents & Software
The Client will grant the Agency access to required documents and software to facilitate outreach and prospecting. Delays in providing these materials may impact campaign success.
2.4 Price Flexibility
Price flexibility must be maintained by the Client to accommodate entry-level or discounted deals, if necessary.
2.5 Sales Training Participation
The Client agrees to participate in a 2-hour sales training session provided by the Agency if deemed necessary.
2.6 Openness to Coaching
The Client will remain open to coaching and accountability from the Agency.
2.7 Irresistible Offer
The Client must provide an irresistible offer, such as free samples or trial services, to attract prospects.
CLAUSE 3: AGENCY SUPPORT SERVICES
3.1 Relationship Building
Building strong relationships with prospects is integral to sales success.
3.2 Essential Tools & Associated Fees
If the Client lacks essential tools such as CRM software, pitch decks, or video conferencing equipment, the Agency will recommend or provide these tools. Associated fees (e.g., $15/month for Zoom) are the Client’s responsibility.
3.3 CRM Management & Follow-ups
The Agency will assist with CRM management and follow-ups to enhance prospecting effectiveness.
CLAUSE 4: WORK FOR FREE GUARANTEE & DEFINITION OF A LEAD
4.1 Minimum Monthly Leads
If the Agency fails to deliver a minimum of 5 leads in any month after the third month, the Client is entitled to 30 days of additional service at no cost, provided the account is in good standing.
4.2 Definition of a Lead
A lead is defined as a prospect who, via email or callback, expresses initial interest in the Client’s service or lead magnet.
4.3 Request for Free Service Period
The Client must submit a written request for the free service period within 7 days after the third month concludes. Failure to do so nullifies the guarantee.
4.4 Automatic Billing Resumption
Unless canceled in writing with a 30-day notice, billing automatically resumes after the free-service period.
CLAUSE 5: TIMELINE, DELIVERABLES, AND ROLLOVER
5.1 Commencement of Deliverables
Deliverables commence following the Client’s completion of the onboarding process. Delays by the Client do not alter billing obligations.
5.2 Rollover of Unused Deliverables
Unused deliverables (e.g., leads or appointments) roll over to the following month. Billing periods remain unaffected by delays.
5.3 Forfeiture Due to Delays
Failure by the Client to complete onboarding tasks, provide required materials, or attend scheduled calls results in the forfeiture of monthly deliverables. Continued unresponsiveness over five months may require contract renewal.
CLAUSE 6: BONUS SERVICES
6.1 Additional Services
The Agency may offer additional services, such as SEO, podcast strategy, or website development, at its discretion. The provision of these services does not alter the Agency’s obligations under this Agreement.
6.2 Acceptance of Bonus Services
Acceptance of bonus services constitutes the Client’s acknowledgment of their full satisfaction with the Agency’s obligations, except in cases of material breach unrelated to the bonus services.
CLAUSE 7: PAYMENT TERMS
7.1 Due Dates & Renewals
Payments are due prior to service commencement. Subscription services automatically renew unless canceled with a 30-day notice.
7.2 Charge Disputes
Any disputes regarding charges must first be addressed directly with the Agency before filing disputes with financial institutions.
7.3 Unpaid Fees
Unpaid fees remain due and payable regardless of deliverable status or Client responsiveness.
CLAUSE 8: CANCELLATION POLICY
8.1 30-Day Written Notice
Either Party may terminate the Agreement with a 30-day written notice. Payments remain due for services rendered until the termination date.
8.2 Immediate Termination
Immediate termination requested by the Client waives the right to the 30-day notice. Outstanding deliverables are deemed fulfilled, and no refunds are provided.
8.3 Termination by Agency
The Agency reserves the right to terminate services due to Client unresponsiveness exceeding 14 days.
CLAUSE 9: DISCLAIMERS AND LIMITATION OF LIABILITY
9.1 “As Is” Services
The Agency’s services are provided “As Is” without warranties of any kind.
9.2 Limitation of Liability
The Agency’s liability is limited to the amount paid by the Client for services rendered. Consequential damages or loss of profits are excluded.
CLAUSE 10: CONFIDENTIALITY
10.1 Mutual Confidentiality
Both Parties agree to safeguard each other’s confidential and proprietary information from unauthorized use or disclosure.
CLAUSE 11: GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law
This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles.
11.2 Arbitration
Any dispute arising out of or relating to this Agreement will be resolved through binding arbitration administered by the American Arbitration Association (AAA).
CLAUSE 12: ANTI-HARASSMENT POLICY
12.1 Harassment-Free Environment
Both Parties commit to maintaining a professional, harassment-free environment. Harassment includes offensive comments, threats, or discrimination.
12.2 Termination for Violations
Violations may result in immediate termination of this Agreement with no refunds.
CLAUSE 13: ENTIRE AGREEMENT
13.1 Superseding Prior Agreements
This Agreement constitutes the entire agreement between the Parties, superseding all prior agreements, understandings, or communications.
13.2 Amendments
Any amendments must be made in writing and signed by both Parties.
CLAUSE 14: ACCEPTANCE
14.1 Acceptance by Payment
Payment by the Client for any portion of the services offered by the Agency constitutes acceptance of this Agreement and its Terms in full, even if no physical signature is obtained.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION.
(a) YOU AND TWIZ, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
16. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Twiz, LLC.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email; or (ii) by personal delivery, overnight courier, or registered or certified mail to Twiz, LLC. 32172-A, Camino Capistrano, San Juan Capistrano, CA 92675. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement.
These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on all matters contained in these Terms.
