Rules of the game

1. I understand that Axium Web has my best interests at heart and by offering a guarantee, they are taking a risk for my benefit.

2. I understand that lead generation from Axium Web is only a supplement to my sales efforts, not an overnight one-shot cure-all for my business.

3. The growth of my business is solely my responsibility and I understand that I must engage in other proper business development activities including, but not limited to networking, referrals, cold calling, warm calling, etc. and not rely solely on Axium Web for my business success.

4. I understand that there are three levels of leads that I will be receiving from Axium Web and that it is solely my responsibility to follow up with those leads and turn them into sales. Axium Web is not responsible for sales in any capacity.

  • Level 1: Booked Appointment on the calendar
  • Level 2: Interested enough to “take an action” (opt-ins, clicked booking links)
  • Level 3: Connections & Network growth (Linkedin exclusively)
  • Level 4: Cold Leads (Lists that Axium Web has generated)

5. I agree to allow Axium Web to do their job and not micromanage any part of the process

6. I understand that Axium Web is a Guaranteed Lead Generation company and by going into business with them, I understand that they will generate leads, and it is my responsibility to generate sales.

7. I understand that Axium Web has many clients and that Axium Web employees have lives and families and promise to respect their time and trust that Axium Web will deliver the results as outlined.

8. I understand that Axium Web is not a perfect system and, just like any other business, challenges happen.

9. I understand that I am going into a partnership with Axium Web and, if any challenge arises, we will both work together to solve any challenges and be patient with one another to make things right.

10. We both understand that we are human beings and agree to be understanding and compassionate with anybody that we deal with in our business while striving for the best results possible.

11. I understand that by violating any of these rules, I will be impeding my own business, Axium Web’s business and Axium Web’s ability to generate consistent, long-term results for myself and their other clients.

12. I agree to not take advantage of the guarantee and, if I am receiving leads, I will not ask for a refund except for an extreme circumstance.

Who this is NOT for

1. Tire-Kickers

2. Start Ups (Unless well Funded)

3. Companies Turning over Less than $100k

4. Companies who are short term in thinking

5. Companies with Low transactional value

 

THIS GENERAL SERVICE AGREEMENT (the "Agreement") dated this [Document.CreatedDate]

BETWEEN:

Client Name of [Client.FirstName] [Client.LastName] of [Client.Company]
(the "Client")

- AND -

Danforth Holdings LLC DBA Digital Kryptonite of 16326 Daysailor Trl, Lakewood Ranch, FL 34202
(the "Contractor")

Background

The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

In consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

Services Provided

The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):

  • Fulfill the above scope of work.

The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

Term of Agreement

The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.

In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 10 days' written notice to the other Party.

Performance

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

Compensation

A refundable deposit of [Document.GrandTotal] (the "Deposit") will be payable by the Client immediately and client will be automatically billed [Document.GrandTotal] USD each 30 days thereafter.

Invoices submitted by the Contractor to the Client are due immediately.

Lead Definitions

Facebook:

  • Name, email, phone number of someone who opted in and is interested in your offer, or
  • Name & email for building an email list, or
  • Proof of clicks to a landing page (depending on the agreed upon campaign goals)

Linkedin:

  • Connection request accepted, or
  • Positive reply to a message, or
  • Booked Phone call

Email:

  • Clicked booking link email notification (name, email, company name, phone number, website)
  • Positive reply to a message, or
  • Booked Phone call

Guarantee

If, at the end of the first 30 days from the campaign launch date, you do not feel you received at least [Document.GrandTotal] in value, you are entitled to a full refund of [Document.GrandTotal] as long as the following criteria are met:

  • After 30 days, you will no longer be entitled to a refund.
  • If you feel as though your time has been wasted, we will send you $100 in addition to your refund within the 30 day window.
  • Refund does not include ad spend
  • You must allow your campaigns to run for a complete 30 days before requesting a refund.
  • You must provide documented proof including (screenshots of all phone records, text messages and emails) that you've called and followed up with each of the leads we've generated at least five times with no positive results or booked appointments to be eligible for a refund.
  • Linkedin & Business Bundle packages: not eligible for refund if a minimum of 15% - 30% acceptance rate on connections occurs after 30 days. Client agrees that Digital Kryptonite's tracking is honest and transparent.

Ad Spend

If a Googles Ads or Facebook Ads package was selected, Client agrees to commit to at least a ____________________ (dollar amount) in ad Spend per month. (Minimum of $500 USD Required)

Reimbursement of Expenses

The Contractor may be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.

All expenses must be pre-approved by the Client

Confidentiality

Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

Ownership of Intellectual Property

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, is a "work made for hire" and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

Capacity/Independent Contractor

In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.

Notice

All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

[Client.FirstName] [Client.LastName]

______________________________

Axium AM Co., Ltd. Antoine Magnan
The Hive, Piman 49, 49 40/9 Soi Sukhumvit 49, 40/9 Klang Alley, Khlong Tan Nuea, Watthana, Bangkok, 10110, Thailand.

or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

Indemnification

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Additional Clause

Client agrees to allow Axium Web to use images, case studies and statistics as they relate to this project as part of Axium Web's public portfolio.

Liability of this relationship is limited to [Document.GrandTotal]

Modification of Agreement

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of Hong Kong.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.