Effective Date: October 11, 2024
Welcome to Media Top Gun! By using our services, you agree to comply with and be bound by the following terms and conditions. Please review these terms carefully. If you do not agree with any of these terms, you must not use our services.
Acceptance of Terms
By accessing, downloading, installing, or using any of Media Top Gun's services, you agree to be bound by these terms. If you are using the services on behalf of a company, you represent that you have the authority to bind the entity to these terms.
Services Provided
Media Top Gun provides marketing automation, customer service solutions, phone systems, and digital services. We reserve the right to modify or discontinue our services at any time without notice.
Customer and AI Customer Service & Phone System Agreement
The Customer and Media Top Gun (AI Customer Service & Phone System Partner) agree as follows:
Services
The Client agrees to engage Media Top Gun to manage new client inquiries and calls using the Media Top Gun REAL-TIME AI Customer Service & Phone System.
Performance Guarantee
If our AI Customer Service & Phone System doesn't save you at least $10,000 in labor costs or help you recover over 1,000 missed calls per year—potentially increasing your annual sales by over $40,000—we'll give you a 100% refund on your first-year subscription. Your success is our commitment, risk-free!
Delivery of Inquiries
Each inquiry and call generated is exclusive to the Client and is delivered through:
(a) Email notifications
(b) Optional text message notifications
(c) Lead information populated in the AI CRM.
Exclusive Inquiries
All inquiries and calls delivered to the Client will belong exclusively to the Client. They will not be sold, shared, or supplied to any other entity. The lead and call information will always remain the Client's property.
Monthly Subscription
The Client will pay Media Top Gun a monthly subscription fee of $697 plus applicable usage fees.
Card Billing Authorization & Refunds
The Client will provide a valid and authorized credit or debit card to facilitate payments. This card will be automatically charged for the monthly subscription amount on the scheduled date each month.
Agreement Term & Monthly Billing
All services are provided on a month-to-month basis. The monthly subscription fee is collected in advance. Payments are due 24 hours before the Program Start Date each month to prevent service disruption.
Late Payments
Failure to process payments by the Program Start Date may lead to delay, suspension, or account closure. If billing information needs to be updated, the Client must notify Media Top Gun at support@mediatopgun.com.
Program Cancellation
Either party may cancel this agreement at any time with written notice. There are no long-term contracts. To cancel, the Client must give at least 14 days' notice before processing the next monthly subscription. If canceled, the Client can continue services for the remainder of the period or stop immediately. No refunds will be issued once payment has been processed.
Account Closure
Upon cancellation, the Client's account will be closed, and the campaign will be terminated. No refunds will be issued for current or past billing periods, and no future charges will be made.
Intellectual Property
Media Top Gun retains ownership of all websites, domain names, advertising accounts, custom audiences, landing pages, images, creatives, custom content, and other assets during this agreement. The inquiries, calls, and customer data generated will be owned exclusively by the Client.
Grant of License
Under this agreement, the Client grants Media Top Gun a non-exclusive license to use their logo, name, images, and testimonials in promotional campaigns.
Call Recording
Media Top Gun may record program-generated calls for quality and statistical purposes. The Client agrees to notify relevant personnel that calls may be recorded.
Best Efforts and Transparency
Media Top Gun guarantees the delivery of the minimum labor cost saved or weekly calls recovered over the first year but does not guarantee any specific number of sales. Sales conversion is dependent on the Client's sales process.
Warranties and Liability
The Client agrees to indemnify Media Top Gun from any liability arising from any products or services sold by the Client. Media Top Gun does not warrant any specific product or service the client provides, and this agreement does not create a partnership between the parties.
Miscellaneous
The laws of the State of Florida govern this agreement. Any disputes will be resolved through arbitration under the American Arbitration Association. The arbitration will take place in Florida, and the arbitrator's decision will be binding.
General Terms
User Responsibilities
You agree to use our services only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit any third party's use of our services.
Limitation of Liability
Media Top Gun shall not be liable for any indirect, incidental, special, or consequential damages resulting from the use of or inability to use our services, even if we have been advised of the possibility of such damages.
Dispute Resolution
Any disputes arising from or relating to these terms will be resolved through binding arbitration by the rules of the American Arbitration Association. Arbitration will take place in Orlando, Florida.
Governing Law
These terms are governed by and construed according to the laws of the State of Florida without regard to its conflict-of-law principles.
Contact Information
If you have any questions regarding these terms, please get in touch with us at:
Media Top Gun
1969 South Alafaya Trail, Suite 305, Orlando, FL 32828
Email: support@mediatopgun.com