TERMS AND CONDITIONS OF SERVICE
Last Updated: December 19, 2024
These Terms and Conditions of Service (the "Agreement") constitute a legally binding contract between Holistic School of Business, LLC, doing business as Growth Trend Digital Marketing ("Company," "we," "us," or "our"), and any person or entity ("Client," "you," or "your") who accesses our website at
www.growthtrend.biz (the "Site"), purchases our services, or engages with us in any capacity.
1. SERVICES OVERVIEW AND SCOPE
The Company provides comprehensive digital marketing services, including but not limited to website design and development, Facebook advertising, content creation, search engine optimization (SEO), marketing automation, business consulting, and implementation of various software solutions. The Company maintains sole discretion over its service offerings and may modify, add, or discontinue services at any time.
Service delivery methods include done-for-you services where Company performs work directly, done-with-you services where Company provides guidance and support, software access and implementation, consulting and strategic planning, and training and education. With the exception of services listed in Section 2 on this page, the specific scope of services shall be defined in individual service agreements between Company and Client.
The Company utilizes various software platforms and technologies, including proprietary and third-party solutions. Access to such platforms is granted on a non-exclusive, limited license basis during the term of service engagement. The Company reserves the right to modify, update, or replace any technology solutions at its discretion.
2. SERVICE DETAILS
The company offers the services in this section for sale on its website at www.growthtrend.biz. Any other services typically require more advanced Client-specific customizations and separate service agreements.
2.1 Growth AutoPilot System (GAPS)
2.1.1 System Definition and Scope
The Growth AutoPilot System constitutes a software implementation and automation service utilizing the Company's white-label marketing software and automation platform, accessible at app.growthtrend.biz. The standard service package includes software setup and installation, one Marketing Strategy Session, two software configuration sessions, and ongoing software access with basic support.
2.1.2 Implementation Structure
The software setup and installation of the GAPS service represents the sole done-for-you component of the GAPS service. All other aspects of the GAPS service are provided on a done-with-you basis, requiring active participation from the Client. The Company provides guidance, training, and support but does not manage day-to-day operations or create content unless separately contracted and paid for.
2.1.3 Support Services
Support services included with GAPS are limited to 24/7 chat support, support ticket submission, and the ability to schedule Zoom support meetings. Response times vary based on support queue volume and complexity of issues. The Company makes no guarantees regarding support availability or resolution timeframes.
2.1.4 Software Features and Modifications
The Company maintains absolute discretion over all aspects of the software platform including features, automations, user interface, and functionality. Changes may be made at any time without prior notice. The Company makes no guarantees regarding the permanence of any feature or functionality.
2.1.5 Software Subscription and Billing
Access to the Company's software platform requires an ongoing monthly subscription. Monthly billing begins automatically one month after initial GAPS signup, at the rate agreed upon at time of purchase. Client authorizes recurring monthly charges to their payment method on file. The monthly subscription continues until cancelled and is necessary for continued access to the platform and its features. Failure to maintain active subscription will result in immediate suspension of software access and related services.
2.1.6 Additional Services
Services beyond the standard GAPS package require additional investment and separate agreements. This includes but is not limited to custom automation development, content creation, marketing services, and strategic consulting. Pricing for additional services shall be at prevailing market rates as determined by the Company.
2.1.7 Professional QuickStart Website
When offered as a bonus with GAPS, the Professional QuickStart Website consists of a single-page business website utilizing standard templates. While the Company may, at its sole discretion, provide additional pages or features at no cost, such additions are not guaranteed or required under this Agreement. The Client may contract with the Company for additional website development services for an additional investment, subject to separate terms and pricing. The Company maintains complete creative control over design and implementation of the QuickStart Website. No specific completion timeline is guaranteed, and this bonus offer may be modified, discontinued, or withdrawn at any time without notice.
2.1.8 Software Platform Capabilities
The platform provides an integrated business automation and marketing system that includes contact relationship management (CRM), pipeline management, marketing automation, and communication tools. Standard features include but are not limited to: contact management, automated messaging and follow-up sequences, appointment scheduling, reputation management, chat functionality, email marketing capabilities, website and funnel building tools, membership area functionality, and analytics. Access to specific features depends on subscription level and configuration requirements. Some features may require additional setup, integration with third-party services, or separate subscriptions to function properly. The Company maintains sole discretion over feature availability, implementation methods, and functionality, and may add, modify, or remove features at any time without prior notice.
2.1.9 Pre-Installed Automation Systems
The platform includes access to Company's proprietary automation frameworks and templates including a Unified Configuration Hub, Missed Call Text-Back System, Automated Review Generation System, 24/7 Web Chat, Strategic Referral System, and Database Reactivation System ("Pre-Installed Systems").
These Pre-Installed Systems are provided on a done-with-you basis. While Company provides the baseline automation assets within Client's account, Client is solely responsible for the configuration, customization, and implementation of these systems unless separate done-for-you services are purchased. Client acknowledges that effective implementation requires active participation, configuration decisions, and content input from Client.
Company maintains all intellectual property rights to these Pre-Installed Systems. Client receives a non-exclusive license to use these systems within their platform subscription. Client may engage Company for additional configuration, customization, or setup services at prevailing rates through a separate service agreement.
Company reserves the right to modify, update, replace, or remove any Pre-Installed Systems at its sole discretion. No guarantees are made regarding the performance, effectiveness, or continued availability of any Pre-Installed Systems.
2.1.10 Additional Platform and Marketing Expenses
Client acknowledges and agrees that effective use of the platform requires certain additional expenses beyond the base subscription fee. These expenses fall into two categories:
A. Platform-Related Expenses
The following features within the platform may incur additional charges based on usage: Text messaging (SMS/MMS) credits; Phone system usage including call minutes and recording storage; Additional phone numbers (local, toll-free, or international); Contact storage or database capacity increases; Membership area and content hosting fees; Advanced feature activation such as AI functionality; Sub-account or additional user access; Compliance fees for messaging and telecommunications; Video and file hosting storage; and/or other Premium platform features.
B. External Marketing Expenses
Additional third-party services and expenses may be necessary, including but not limited to: Domain registration and web hosting; Digital advertising spend; Third-party software integrations; Stock photos or creative assets; and/or Additional marketing tools or platforms.
All expenses, whether platform-related or external, are the sole responsibility of the Client and are separate from any fees paid to the Company. The Company does not guarantee pricing of any third-party or platform services and is not liable for any charges or the performance of any services. Rates and fees are subject to change without notice. Company may facilitate billing for certain platform features but assumes no liability for their performance or availability.
2.2 Promotional Offers and Bonuses
From time to time, the Company may offer additional bonuses, including but not limited to coaching sessions, extended software trials, and marketing resources. All bonus offerings: (a) are provided strictly as promotional items with no guaranteed monetary value, (b) may be used to test new product or service concepts, (c) can be modified, substituted, or discontinued at any time at the Company's sole discretion, (d) have no cash value and cannot be exchanged or redeemed, (e) may be subject to time limitations, usage restrictions, or additional terms as specified at time of offer, and (f) their removal or modification does not impact the primary service agreement or obligations. Client acknowledges that bonus services are supplementary benefits and not guaranteed components of the services purchased.
2.3 Additional Service Packages
2.3.1 Basic SEO Package
The Company provides basic search engine optimization services on a monthly subscription basis. Initial setup phase includes keyword research, on-page optimization, and local SEO configuration. Ongoing monthly services include ranking monitoring and reporting, optimization adjustments, technical SEO maintenance, and performance tracking, as determined appropriate at the sole discretion of the Company. No specific rankings, traffic increases, or business results are guaranteed. The Company maintains sole discretion over optimization methods and priorities.
2.3.2 Professional Branding Package
The Branding Package includes one logo design with up to three (3) revision rounds, color selection, and typography recommendations. Unlike other deliverables covered under Section 4, the final approved logo design intellectual property rights transfer to the Client upon payment in full. The Company maintains creative control over the design process. No guaranteed timeline for completion is provided.
2.3.3 Marketing Services Hourly Packages
Pre-purchased service hours must be used within three (3) months from purchase date. Unused hours expire without refund. The Company reserves the right to decline any service request that falls outside its core competencies or available resources. Hours are deducted in 15-minute increments. Service requests are subject to staff availability and scheduling requirements.
3. CLIENT OBLIGATIONS AND RESPONSIBILITIES
3.1 General Obligations
The Client shall provide timely responses to all Company requests for information, grant necessary access to accounts and platforms, participate in required training sessions, implement recommended changes as agreed, and maintain active communication with the Company as needed throughout the service engagement.
3.2 Compliance Requirements
The Client bears sole responsibility for maintaining all necessary business licenses, complying with applicable laws and regulations, ensuring accuracy of provided content, and obtaining necessary rights for any materials provided to the Company.
3.3 Payment Obligations
The Client shall make all payments as agreed in specific service agreements. Additional services will be billed at prevailing rates. Third-party costs shall be passed through to the Client. Late payments are subject to 1.5% monthly interest, and failed payments may result in immediate service suspension.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Company Ownership
The Company retains exclusive ownership of all intellectual property created or used in service delivery, including but not limited to marketing strategies, methodologies, websites, software configurations, customizations, content, creative materials, training materials, documentation, systems, and processes. The sole exception to this policy is the final approved logo design delivered through the Professional Branding Package, for which ownership transfers to the Client upon payment in full.
4.2 License Grant
The Client receives a limited, non-exclusive license to use delivered materials solely for their business operations. This license terminates automatically upon service cancellation. The Company reserves the right to reuse any created materials, strategies, or systems with other clients.
5. NON-SOLICITATION AND PROTECTION
The Client shall not solicit, hire, contract with, or engage any Company employee, contractor, or staff member during the service term and for twelve (12) months thereafter, unless expressly authorized by Company in writing. Violation of this provision will result in an immediate fee of twenty-five thousand dollars ($25,000) per occurrence, which the Client hereby authorizes to be charged to their payment method(s) on file.
6. CONFIDENTIALITY AND DATA PROTECTION
6.1 Confidential Information
Both parties shall protect confidential information including business strategies, client lists, pricing, financial data, technical specifications, and proprietary methodologies. This obligation survives termination of services.
6.2 Data Security
While the Company implements reasonable security measures, no guarantee is made against unauthorized access. Client data is handled according to the Company's Privacy Policy, available on the Site.
7. LIMITATION OF LIABILITY
7.1 Liability Cap
The Company's total liability under this Agreement shall not exceed fees paid in the previous twelve (12) months.
7.2 Excluded Damages
The Company shall not be liable for lost profits, revenue, data loss, corruption, third-party claims, consequential damages, or business interruption.
8. TERMINATION
8.1 Termination Rights
The Company may terminate services for payment default, material breach of terms, fraudulent activity, abusive conduct, service discontinuation or any other reason. The Client may terminate services according to specific service agreement terms.
8.2 Effect of Termination
Upon termination, all licenses granted shall cease, access to software platforms shall end, and any unpaid fees shall become immediately due.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Agreement, together with specific service agreements, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
9.2 Modifications
The Company reserves the right to modify these terms at any time. Continued use of services constitutes acceptance of modified terms.
9.3 Service Modifications and Add-Ons
Any modifications to existing services or addition of new services must be documented in writing. This includes, but is not limited to, changes in scope, additional features, or new service packages. Email confirmation is acceptable for minor modifications. For substantial changes or additions, the Company may require a signed addendum to this Agreement. The Company reserves the right to determine when a signed addendum is necessary based on the scope and nature of the modifications. No verbal agreements for service modifications or additions shall be binding on either party.
9.4 Assignment Rights and Jurisdictional Changes
The Company reserves the right to assign or transfer this Agreement and all rights and obligations hereunder to any entity owned or controlled by Jason Pugliese. Such assignment or transfer may occur without prior notice to Client and shall not affect the rights, obligations, or quality of service provided under this Agreement. Upon assignment, the governing law and jurisdiction may change to the state where the successor entity is primarily located or registered. Company will provide notice of any jurisdictional changes within a reasonable time after such transfer occurs. Client may not assign their rights or obligations under this Agreement without the Company's express written consent.
9.5 Service Continuity
In the event of assignment or transfer to a new business entity, all services, access to software platforms, support, and other deliverables will continue uninterrupted. Client acknowledges and agrees that such transfer shall not constitute a material change to this Agreement or grounds for termination. The Company will provide notice of any new business name or contact information within a reasonable time after such transfer occurs.
9.6 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, with Florida law applying to digital marketing compliance matters where required by law. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Washington County, Vermont, unless modified pursuant to Section 9.4.
9.7 Contact Information
All service matters should be directed to:
Email: jason (at) jasonpug.com
Phone: (802) 917 - 1947
BY ACCESSING THE SITE OR PURCHASING SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
