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1. Acceptance of Terms
By subscribing to or using the DBP Growth CXO Service ("Service"), you ("Client" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Digital Business Partners LLC ("DBP," "we," or "us"). If you do not agree to these Terms, do not subscribe to or use the Service.
These Terms apply specifically to the payment, subscription, and service delivery components of the DBP Growth CXO Service and supplement any separate engagement letter or service agreement you have entered into with DBP.
2. Description of Service
The DBP Growth CXO Service is a subscription-based advisory and fractional executive service providing CFO, COO, or other C-suite-level strategic support to your business. The specific scope of services, deliverables, and service tier are defined at the time of subscription and confirmed in your onboarding documentation.
DBP reserves the right to update, modify, or enhance the Service features at any time. Material changes to the scope of services will be communicated to active subscribers with reasonable advance notice.
3. Subscription and Billing
The Service operates on a monthly subscription basis. Your subscription begins on the date your initial payment is processed and renews automatically on the same calendar date each month ("Renewal Date") unless canceled in accordance with Section 5 of these Terms.
- Automatic Renewal: Your subscription renews automatically each month. By subscribing, you authorize DBP to charge your payment method on file for each renewal period without further action from you.
- Billing Cycle: Fees are charged at the start of each billing period and cover the full calendar month of service.
- Payment Method: All payments are processed through our secure payment gateway. DBP does not store your card or banking credentials directly.
- Failed Payments: If a renewal payment fails, DBP will attempt to reprocess the charge. Access to the Service may be suspended if payment cannot be collected within five (5) business days of the Renewal Date.
- Price Changes: DBP may adjust subscription pricing with at least thirty (30) days written notice to active subscribers. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.
4. Plan Upgrades and Changes
You may upgrade or change your service tier at any time by contacting DBP or through your client portal. All plan changes are subject to the following:
- Immediate Effect: A plan change or upgrade becomes effective immediately upon successful payment of the applicable fee for the new service tier.
- Pro-rated Billing: When upgrading mid-cycle, you will be charged the difference between your current plan and the new plan for the remainder of the billing period, prorated to the day of change.
- Downgrades: Plan downgrades take effect at the start of the next billing cycle. You will continue to receive your current tier of service through the end of the current billing period.
5. Cancellation
You may cancel your subscription at any time. Cancellation requests must be submitted in writing to care@dbpgrowth.com or through your client portal.
- Effective Date: Cancellations take effect at the end of the current billing month, regardless of when during the month the cancellation request is submitted.
- Continued Access: You will retain full access to the Service through the last day of the billing month in which you cancel.
- Confirmation: DBP will confirm your cancellation by email within two (2) business days of receiving your request. If you do not receive a confirmation, contact us to verify receipt.
- Reactivation: You may reactivate a canceled subscription at any time. Reactivation is subject to then-current pricing and availability.
6. Refunds
Please refer to our Refund and Cancellation Policy for complete details. In summary:
- No refunds are issued for the current billing month once a renewal payment has been processed.
- DBP does not offer prorated refunds for partial months of service.
- Exceptions may be made at DBP's sole discretion in cases of documented service failure attributable to DBP.
7. Intellectual Property
All reports, analyses, templates, frameworks, and deliverables created by DBP under this Service are provided for your internal business use. DBP retains ownership of all methodologies, proprietary tools, and pre-existing intellectual property used in the delivery of the Service. You may not resell, sublicense, or distribute DBP deliverables to third parties without prior written consent.
8. Confidentiality
Both parties agree to maintain the confidentiality of non-public information disclosed in connection with the Service. DBP will not disclose your financial or operational data to third parties except as required by law or as described in our Privacy Policy and Data Processing Agreement.
9. Limitation of Liability
To the fullest extent permitted by applicable law, DBP's total liability to you for any claim arising out of or relating to the Service shall not exceed the total fees paid by you in the three (3) months preceding the claim. DBP is not liable for indirect, incidental, consequential, or punitive damages of any kind.
The Service constitutes advisory support and does not constitute legal, tax, or audit services. You are responsible for all final business decisions made in connection with or following any DBP advisory output.
10. Termination by DBP
DBP reserves the right to suspend or terminate your subscription immediately and without refund if you:
- Violate these Terms or any applicable law;
- Engage in conduct harmful to DBP, its employees, or other clients; or
- Fail to pay amounts owed after reasonable notice.
In all other cases, DBP will provide at least thirty (30) days written notice before terminating an active subscription.
11. Governing Law
These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Miami-Dade County, Florida, under the rules of the American Arbitration Association.
12. Changes to These Terms
DBP may update these Terms from time to time. We will notify active subscribers of material changes by email at least fourteen (14) days before the effective date. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
13. Contact
For questions about these Terms, contact us at care@dbpgrowth.com or by mail at Digital Business Partners LLC, Florida, USA.