Welcome to Business By Funnel LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of https://businessbyfunnel.com (the "Website"), along with all associated custom sales funnel engineering, design, copywriting, strategy, and technical automation services (collectively, the "Services").
By accessing our Website, scheduling a consultation, signing a statement of work (SOW), or submitting payment for our Services, you agree to be bound by these Terms. If you do not agree with any portion of these Terms, you must not access our site or use our Services.
Section 1: Scope of Services & Engagements
Service Description: Business By Funnel LLC designs, writes, builds, and optimizes digital sales funnels, conversion pages, autoresponder integration systems, and checkout workflows for digital creators, service providers, e-commerce businesses, and enterprise clients.
Project Proposals & Agreements: The specific scope of work, deliverables, timelines, milestone schedules, and fees for your project will be formally outlined in a separate proposal, contract, or Statement of Work (SOW). In the event of a conflict between these Terms and a signed SOW, the terms of the signed SOW shall take precedence.
Scope Creep & Modifications: Any additions, extra design revisions, extra landing pages, or technical requests beyond the agreed-upon SOW will be treated as "Scope Creep." Additional work will be billed at our standard rate of $100/hour or quoted as a separate milestone addendum requiring written client approval prior to execution.
Section 2: Onboarding & Client Obligations
To ensure timely execution and project success, you agree to provide full collaboration throughout the lifecycle of the build:
Asset Provision: You are responsible for delivering all necessary digital assets—including logos, high-resolution product imagery, brand color guides, video sales letters (VSLs), domain details, and business information—within the timeline specified during onboarding.
Account Access: You must provide accurate administrative access credentials for your required third-party accounts (e.g., web hosting, page builder platforms, email software, payment processors) necessary for us to build and integrate your funnel.
Timely Reviews & Approvals: You agree to review project deliverables (such as copy drafts, visual design wireframes, and live staging sites) and provide consolidated, actionable feedback within 3 to 5 business days of receipt.
Content Accuracy: You are solely responsible for ensuring that all business information, pricing, legal claims, testimonials, and marketing claims provided to us for inclusion in your funnel are 100% accurate, truthful, and compliant with all applicable laws.
Section 3: Payment Terms, Invoicing, & Late Fees
Payment Schedules: Services are billed on a fixed-fee, retainer, or milestone basis as specified in your agreement. Work typically begins only after the receipt of an initial non-refundable deposit.
Payment Methods: We accept major credit cards, bank wire transfers, and electronic ACH transfers via our secure payment portals.
Late Payments: Invoices not paid within 5 business days of their due date will incur a late administrative fee of 1.5% per month (or the maximum allowed by law) on the outstanding balance.
Work Suspension: If an invoice remains unpaid for more than 7 business days past its due date, we reserve the right to suspend all active development, pause funnel hosting access, and withhold final code/asset deliverables until all outstanding balances are settled in full.
Section 4: Intellectual Property Rights
Clear ownership boundaries govern the work we create:
Client Ownership: Upon full and final payment of all outstanding invoices, you are granted full, exclusive ownership of the custom deliverables created specifically for your project, including the finalized sales copy, unique graphic design layouts, custom page code, and specialized email copy.
Company Retained IP: Business By Funnel LLC retains all right, title, and interest in and to our pre-existing intellectual property, proprietary strategy frameworks, technical integration scripts, internal design systems, wireframe templates, and custom code modules ("Pre-Existing Assets"). You are granted a non-exclusive, royalty-free, perpetual license to use these Pre-Existing Assets solely as incorporated within your active sales funnel.
Preliminary Work: Unselected design mockups, rejected copy drafts, and preliminary wireframes remain the exclusive property of Business By Funnel LLC.
Portfolio & Marketing Rights: Unless explicitly prohibited via a separate signed Non-Disclosure Agreement (NDA), you grant us a royalty-free, worldwide license to display your completed sales funnel designs, company logo, and project metrics in our marketing portfolio, case studies, website, and promotional materials.
Section 5: Third-Party Platforms & External Tools
Sales funnels depend on an ecosystem of external web applications, hosting services, and software integrations.
No Liability for Outages: We are not responsible or liable for service interruptions, server downtime, security breaches, API changes, software bugs, or billing issues caused by third-party platforms (e.g., GoHighLevel, ClickFunnels, WordPress, Stripe, ActiveCampaign, Zapier).
Software Costs: The client is entirely responsible for maintaining active, paid subscriptions for all third-party tools required to operate their sales funnel.
Section 6: Revenue, Earnings, & Performance Disclaimer
No Guarantees: Business By Funnel LLC makes no earnings, conversion rate, sales volume, or financial performance guarantees of any kind.
Conversion Factors: While we employ professional user psychology, conversion rate optimization (CRO) strategies, and professional design standards, actual revenue depends entirely on variables outside our control—including your paid advertising budgets, traffic source quality, market demand, competitor activity, product pricing, and sales team execution.
Case Studies: Any earning figures, conversion rates, or statistics displayed on our Website or in marketing materials represent exceptional results achieved with specific clients and are not to be interpreted as average or guaranteed outcomes for your business.
Section 7: Limitation of Liability
To the maximum extent permitted by applicable law:
Consequential Damages: In no event shall Business By Funnel LLC, its directors, employees, partners, or agents be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of profits, loss of data, loss of business opportunity, website downtime, or goodwill—arising out of or in connection with your use of our Services.
Cap on Liability: Our total aggregate liability for any claims, disputes, or causes of action arising under or relating to these Terms or our Services shall be strictly limited to the total amount paid by you to [Business By Funnel LLC for the specific project or service under dispute during the three (3) months preceding the event giving rise to the claim.
Section 8: Indemnification
You agree to defend, indemnify, and hold harmless Business By Funnel LLC, its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from or related to:
Your breach of these Terms or your project agreement.
Any content, logos, claims, marketing copy, or media provided by you that infringes upon third-party copyrights, trademarks, or privacy rights.
Fraudulent, deceptive, or illegal marketing practices conducted through your sales funnel.
Products or services sold by you through the funnel built by us.
Section 9: Termination of Service
Termination for Convenience: Either party may terminate a project agreement in accordance with the terms outlined in Section 2 of our Refund & Cancellation Policy.
Termination for Cause: Either party may terminate an engagement immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 10 business days of written notification.
Effects of Termination: Upon termination, all active work will cease immediately. You must pay for all work completed up to the date of termination.
Section 10: Governing Law & Dispute Resolution
Governing Law: These Terms and any related agreements shall be governed by and construed in accordance with the laws of Sheridan County, State of Wyoming, USA, without regard to its conflict of law principles.
Informal Resolution: Before initiating formal legal action, both parties agree to attempt in good faith to resolve any dispute through informal negotiation for at least 30 calendar days.
Binding Arbitration / Venue: Any disputes that cannot be resolved informally shall be settled through binding arbitration or within the state/federal courts located in Sheridan County, State of Wyoming, USA, and you hereby submit to the personal jurisdiction of such courts.
Section 11: Severability & Entire Agreement
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: These Terms, together with our Privacy Policy, Refund Policy, and any signed SOWs, constitute the entire agreement between you and Business By Funnel LLC regarding the subject matter hereof, superseding all prior oral or written agreements.
Section 12: Contact Information For questions or legal inquiries regarding these Terms of Service, please contact us:
Email: [email protected]
Business Hours: Monday – Friday, 9:00 AM – 5:00 PM
Mailing Address:
30 N Gould St, Ste N
Sheridan, WY 82801