Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://upscalesynergy.com/ website (the "Service") operated by Upscale Synergy ("us", "we", or "our"), represented by Russel Ganiban.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and clients who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms.
1. Description of Services
Upscale Synergy provides professional digital marketing and operational architecture services. This includes, but is not limited to:
- GoHighLevel (GHL) & CRM Automation Setup
- Marketing Funnel Design & Lead Generation
- Web Development & WordPress Implementation
- Administrative Support & Project Management
The Client agrees to provide all necessary information, tools, brand assets, and platform access required for the Service Provider to perform these services efficiently.
2. Payment & Billing Terms
The Client agrees to compensate Upscale Synergy for services rendered based on the specific project proposal, retainer agreement, or hourly contract mutually agreed upon. Specific terms are as follows:
- Payment Methods: We accept payments via PayPal, Bank Transfer, Wise, and Payoneer.
- Project-Based Billing: For flat-rate projects, a 50% deposit is required to secure the project timeline, with the remaining 50% due upon final delivery and system launch.
- Invoicing & Due Dates: Payments for ongoing retainers or milestones are due within 7 calendar days of the invoice date.
- Late Fees: A grace period of 7 days is provided for late payments. Payments not received after the grace period are subject to a $20 late payment fee.
3. Term and Termination
For month-to-month retainer agreements, the contract begins on the designated start date and continues until terminated.
- Termination by Notice: Either party may terminate the agreement without cause by providing 14 days' written notice to the other party.
- Termination for Cause: Either party may terminate the agreement immediately if the other party breaches any material term of the agreement.
- Final Payment: Upon termination, the Client is responsible for compensating Upscale Synergy for all services rendered up to the termination date, including any outstanding invoices or pro-rated project milestones.
4. Work Product & Intellectual Property
All final work products created by Upscale Synergy in connection with a specific project become the exclusive property of the Client only after full payment has been received. Upscale Synergy reserves the right to showcase the completed work (such as funnel designs or workflow diagrams) in our professional portfolio, unless explicitly prohibited by a prior written Non-Disclosure Agreement (NDA) or specific client request.
5. Confidentiality (NDA)
Upscale Synergy agrees to protect all confidential and proprietary information of the Client. "Confidential Information" includes business strategies, financial data, customer lists, trade secrets, and proprietary software disclosed during the course of the relationship.
We will use this information solely for the purpose of performing agreed-upon services and will not disclose it to third parties without prior written consent. This obligation of confidentiality continues indefinitely, even after the termination of the working relationship, or for a minimum of 5 years as standard practice.
6. Independent Contractor Status
Upscale Synergy (Russel Ganiban) operates strictly as an independent contractor and not as an employee of the Client. As such, the Service Provider is responsible for their own taxes, hardware, and equipment. The Client is not responsible for providing employee benefits, health insurance, or paid leave.
7. Limitation of Liability
Upscale Synergy strives to build robust and reliable systems. However, we are not liable for delays, damages, or revenue loss caused by circumstances beyond our direct control. This includes, but is not limited to, third-party software outages (e.g., GoHighLevel or Zapier server downtime), API changes, natural disasters, hardware failures, or unresponsive clients delaying project timelines.
8. Governing Law & Dispute Resolution
These Terms shall be governed and construed in accordance with the applicable laws of the Client's jurisdiction or as mutually agreed upon, without regard to its conflict of law provisions.
In the event of a dispute, both parties agree to prioritize resolution in good faith through negotiation and mediation before pursuing formal legal action. If mediation fails, disputes will be resolved via binding arbitration, with costs shared equally by both parties.
9. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
10. Contact Us
If you have any questions or require clarification regarding these Terms of Service, please contact us:
- Email: [email protected]
- WhatsApp: +63 970 936 7476