Fractional CMO Terms & Conditions
WHO WE ARE
We are Whatbox Digital, LLC. Our address is 1790 Hughes Landing Blvd, Suite 400, The Woodlands, Texas 77380. Our phone number is (281) 801-7721. Our primary email addresses are email@example.com and firstname.lastname@example.org – Our website address is https://www.whatboxdigital.com
This agreement is between (“Whatbox Digital, LLC”), and you, the client, that’s elected to work with “Whatbox Digital, LLC.”
You, the client, therefore agree as follows: You agree to engage Whatbox Digital, LLC as your Fractional CMO, effective the date the initial monthly payment is received, and you the client have agreed to our terms and conditions as outlined on this web page. Effective immediately this agreement and engagement is assumed to be valid by both parties at the time you signed up. The options you could choose from were as follows.
PRO PLAN – This plan bills $5,000 monthly – No annual contract. A 3-month notice, in writing, with full payments is required prior to exiting for any reason.
PARTNER PLAN – This plan bills $8,000 monthly, plus an equity share of revenue generated – (This plan is by application only.)
FRACTIONAL CMO ROLE DEFINED
The role of the Fractional CMO (Chief Marketing Officer) is exclusively that of a consultant, confidant, and trusted advisor to provide, to the best of our ability, direction, insights, and leadership as it relates to making better marketing and business growth decisions while making fewer mistakes.
WHAT THE PRO CMO PLAN INCLUDES
The Pro CMO plan includes up to 4 monthly meetings that range from 60 minutes to 120 minutes each.
PAYMENTS AND BILLING SCHEDULE
The client agrees to be billed monthly as an advance non-refundable payment for the following month of consulting. Additional hours worked over and above the included hours in the plan you’ve chosen will be invoiced and/or billed at the rate designated within your plan, within one to two weeks from the time the extra requested and/or necessary hours were worked. All payments are 100% non-refundable for any reason, even if you decide to abandon, stop, or temporarily pause this engagement for any reason whatsoever.
HOURLY RATE SCHEDULE FOR OVERAGES
The normal hourly rate for consulting is $1250.00 per hour. However, the discounts for hourly overages are as follows for each plan.
PRO PLAN – Hourly overages for this plan is $450 per hour.
ELITE PLAN – There are no hourly overages in this plan since coaching is limitless.
Due to time restrictions, Whatbox Digital can only take on a limited number of Fractional CMO clients. Therefore, the following are the termination terms for this agreement. Both parties agree that should you, the client decide to downgrade your engagement, temporarily or permanently pause or terminate this engagement for any reason, you, the client, agree to provide a written cancellation notice to Whatbox Digital, LLC to the email address email@example.com no less than three (3) months before any pause or termination is to take effect. This termination is only effective once the 3-month advance termination has been provided in writing to Whatbox Digital, LLC, and acknowledged by Whatbox Digital, LLC. Should you decide to temporarily pause or permanently terminate this engagement for any reason, you, the client, are still responsible for 3 months of billable fees at the current rate per the plan you’ve accepted, as outlined and agreed to in this agreement.
Should the weekly coaching meetings allotted to you, based on your plan, not be fulfillable due to client inactivity, inaccessibility, or unavailability to Whatbox Digital, LLC for any reason, then those hours would be forfeited by you, the client, and would not roll over or be credited to a later month.
MEETING & CALL SCHEDULING
Both parties agree to establish a sustainable recurring meeting schedule for regular ongoing meetings and calls covered in this agreement. However, should Whatbox Digital, LLC or you the client need to reschedule due to illness or other scheduling conflicts that may arise, each party agrees to make a good faith effort to reschedule a meeting at a different time that is acceptable to both parties.
THIRD-PARTY VENDORS & PROJECT MANAGEMENT
When needed, Whatbox Digital, LLC will be making recommendations to the client for various third-party vendors for one-time and/or ongoing marketing and management needs. Both parties agree that the client will be responsible for paying any and all third-party vendors (e.g. project managers, social media managers, ad specialists, programmers, graphic designers, copywriters, funnel builders, etc.) directly. Furthermore, both parties agree that Whatbox Digital, LLC will not be serving in a project manager role, but we will recommend to the best of our ability, and collaborate with a project manager if you, the client, deem it necessary and helpful.
AFFILIATE DISCLOSURE NOTICE
WhatBox Digital, LLC is a paid affiliate for some or all of the software tools and service providers we recommend, which allows WhatBox Digital, LLC to be compensated for the new business procured by the software and service providers.
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
All deliverables of this consulting agreement are legally confidential and proprietary information that Whatbox Digital, LLC will be provided to you, the client. Except for the purpose of executing recommendations that will be provided for marketing executions, you the client, your heirs, legal representatives, employees, successor, assigns, and affiliates agree to not disclose any of the insights, strategies, tactics, assets, information, and/or recommendations with any other business friend, competitor, person, or entity.
LEGAL JURISDICTION & ARBITRATION TERMS
You, the client, and your designees agree to hold Whatbox Digital, LLC harmless from any legal action or consequential damages which might arise from your use or third-party use. Our liability for errors or omissions in this consulting engagement is limited to the re-performance of our services (only as defined, included, and agreed to in this agreement) to make right any such error or omission contained in the services that Whatbox Digital, LLC provides as part of this agreement and engagement.
AMENDMENT: This agreement may only be amended or modified by an instrument in writing if agreed to and executed by both Whatbox Digital, LLC and you, the client.
BENEFITS: This agreement shall inure to the benefit of, and be binding upon the parties, including Whatbox Digital, LLC, and you, the client, your heirs, legal representatives, successors and assigns.
GOVERNING LAW: The laws of the state of Texas shall govern this agreement, the construction of its terms, and the interpretation of the rights and duties of the parties.
ARBITRATION: If a dispute arises out of (or relates to) this agreement or the breach thereof, then both parties (Whatbox Digital, LLC and you, the client) agree to submit the said dispute to binding arbitration held in Montgomery County, Texas (or) Harris County, Texas, and be administered by the American Arbitration Association (AAA), in accordance with its guidelines and rules. Whatbox Digital, LLC and you, the client, further agree that any judgment or award by said arbitrators may be entered in any court having jurisdiction thereof. Furthermore, should you the client require legal arbitration, and your claim towards Whatbox Digital, LLC is dismissed or ruled in our favor, then you the client agree to pay all attorney fees, court costs, and all expenses incurred by Whatbox Digital, LLC as a result of this action.