Terms and Conditions

Effective Date: May 23, 2026

These Terms and Conditions govern the services provided by ClearSetDigital to its clients. By engaging our services, you agree to these terms. ClearSetDigital is a US-based business and these terms are governed by US law.


1. Scope of Services

ClearSetDigital provides the following services to local service businesses:

The specific services included in your engagement are outlined in your signed service agreement or proposal. These terms apply to all services unless your agreement states otherwise.


2. Payment

Setup Fee. A one-time setup fee is due before work begins, based on your selected service tier: $500, $750, or $1,500. This covers account setup, system configuration, and initial launch.

Monthly Retainer. Following setup, a recurring monthly fee covers ongoing service delivery, monitoring, and maintenance. Monthly fees by tier are $197, $247, or $397.

Payment Due Dates. Monthly invoices are due within 15 days of the invoice date. We accept credit and debit card payments processed via Stripe.

Late Payments. If a payment is 15 days past due, we may suspend service until the balance is paid. We are not responsible for any business impact resulting from a service suspension due to non-payment.


3. What Happens If You Stop Paying

If your account becomes 30 days past due and you have not made payment arrangements with us, we will suspend your automated systems. If your account remains unpaid for 60 days, we may terminate the agreement. After termination, we will retain your data for 90 days, after which it may be permanently deleted. We are not responsible for any loss of data or business impact after termination for non-payment.


4. Termination

Either party may terminate this agreement with 30 days written notice. You may send notice by email to contact@clearsetdigital.com. We may send notice to the email address on file for your account.

If you terminate mid-month, the monthly fee for the current billing period is non-refundable. The setup fee is non-refundable under any circumstances, regardless of which party initiates termination.

If ClearSetDigital terminates this agreement without cause before the end of your first full billing period, you will receive a prorated refund of the unused portion of your most recent monthly retainer payment. The setup fee is not refundable in this scenario.

We may terminate the agreement immediately, without notice, if you use our services in a way that violates applicable law or causes harm to third parties. No refund is issued in the event of termination for cause.


5. IP Ownership

Your Deliverables. Content produced specifically for your business, including message copy, customer lists you provide, and campaign configurations built around your business data, belongs to you.

Our Systems. The underlying automation systems, workflows, templates, software, and processes we use to deliver services remain the property of ClearSetDigital. You receive access to the outputs of those systems, not the systems themselves.


6. Limitation of Liability

ClearSetDigital is not responsible for results that depend on factors outside our control, including Google review policies, carrier delivery of SMS messages, or how customers respond to automated outreach.

Our total liability to you for any claim arising from our services is limited to the total amount you paid us in the three months before the claim arose. We are not liable for indirect, incidental, or consequential damages of any kind.

We make no guarantees about specific business outcomes such as a minimum number of calls, reviews, or revenue increases. Results vary by business type, market, and other factors.


7. Your Responsibilities

You are responsible for ensuring that any customer contact information you provide to us was obtained lawfully and that your customers have not opted out of receiving communications. You agree to use our services only for lawful purposes and in compliance with applicable telemarketing and messaging laws, including the Telephone Consumer Protection Act (TCPA).

You agree to indemnify and hold ClearSetDigital harmless from any claims, damages, or fines arising from your failure to comply with applicable laws, including TCPA, or from inaccurate or unlawfully obtained contact data you provide to us.


8. Dispute Resolution

If a dispute arises from this agreement and cannot be resolved informally between the parties, it will be submitted to binding arbitration in Arkansas under the rules of the American Arbitration Association. Both parties waive the right to a jury trial and the right to participate in a class action related to any claim under this agreement. Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.


9. Changes to These Terms

We may update these terms from time to time. We will notify active clients by email at least 14 days before material changes take effect. Continued use of our services after the effective date of changes means you accept the updated terms.


10. Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements.


11. Governing Law

These terms are governed by the laws of the State of Arkansas, without regard to its conflict-of-law provisions.


Contact

Questions about these terms? Reach us at contact@clearsetdigital.com.

Our Privacy Policy, available at clearsetdigital.com/privacy-policy, is incorporated into these terms by reference.