Terms of Service

Effective Date: January 1, 2025

Welcome to Amplified Solutions! We appreciate you using our lead management and conversion services ("Services"). The Services are provided by Amplified Solutions Consulting LLC ("Amplified Solutions" or "Consultant"), with a principal place of business at 9320 Brumbelow Crossing Way, Alpharetta, GA 30022, and offered via https://joeyahern.com.

By using our Services, you are agreeing to these terms. Please read them carefully.

1. Scope of Services

Our services include lead management, Follow Up Boss optimization, ISA calling services, and lead conversion management as detailed in our service agreements ("Exhibit"). The nature and extent of the Services shall be set out in the Exhibit.

Either party may request changes to the Services by written notice. We reserve the right to provide estimates for proposed changes and may charge for costing change requests at our then-current daily rates.

2. Payment Terms

Fees are set out in the service agreement and may be stated as fixed monthly fees or on a time and materials basis. We reserve the right to increase fees with 30 days written notice.

Monthly service fees are due in advance unless otherwise specified. All invoices are due within 7 days of invoice date. A $50 late fee will be assessed for every 5 days past the due date.

3. Client Responsibilities

To ensure effective service delivery, Client agrees to:

• Provide timely access to Follow Up Boss and other necessary systems
• Cooperate in providing materials or information needed to complete work
• Pay directly for any software subscriptions or hosting fees that remain with Client
• Maintain current payment information for ongoing services

4. Service Term and Termination

This agreement becomes effective when signed by both parties and continues until terminated. Either party may terminate services with 30 days written notice without cause.

Upon termination, Consultant shall be entitled to full payment for services performed prior to the effective date of termination.

5. Independent Contractor Status

Amplified Solutions is an independent contractor. In this capacity:

• We have the right to perform services for others
• We control the means and methods of performing our services
• We provide our own equipment and materials (except when working within Client's systems)
• Client shall not provide insurance coverage for Consultant
• Client shall not withhold amounts that would normally be withheld from employee pay

6. Intellectual Property

Consultant retains all intellectual property rights in work products created. Client receives a non-exclusive, worldwide license to use work products for developing and marketing Client's business, conditioned upon full payment of fees.

Consultant retains ownership of all proprietary materials, methodologies, and systems used in service delivery.

7. Confidentiality

We use reasonable care to protect Client's confidential information, meaning at least the same degree of care we use to protect our own confidential information.

Confidential information must be clearly marked as confidential or, if disclosed orally, summarized and identified as confidential in writing within 15 days of disclosure.

8. Data and Lead Management

In providing lead management and ISA services, we may access Client's customer relationship management systems and lead databases. We agree to handle all lead data in accordance with applicable privacy laws, use lead information solely for providing contracted services, and maintain appropriate security.

9. Service Level Expectations

While we strive to provide excellent service, Client acknowledges that lead conversion results depend on multiple factors including lead quality and market conditions. We provide services based on best practices but cannot guarantee specific outcomes. Our recommendations are based on information provided by Client and third parties.

10. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

• We shall not be liable for lost profits or special, incidental, or consequential damages
• Our total liability shall not exceed the total fees paid by Client under the agreement
• Client shall indemnify us against third-party claims arising from Client's performance under this agreement
• We shall not be liable for recommendations based on third-party information we reasonably relied upon

12. Dispute Resolution

If a dispute arises, the parties agree to first attempt resolution through mediation with a mutually agreed-upon mediator in Fulton County, Georgia.

If mediation fails, disputes shall be submitted to binding arbitration in Fulton County, Georgia. The arbitrator will allocate costs and attorney fees.

13. General Provisions

Applicable Law
This Agreement is governed by the laws of the state of Georgia.

Entire Agreement
This Agreement constitutes the entire agreement between the parties.

Severability
If any provision is held invalid, the remainder of the Agreement shall remain in effect.

No Partnership
This Agreement does not create a partnership or joint venture relationship.

Contact Information

For information about how to contact Amplified Solutions, please visit our contact page at: https://joeyahern.com/contact