Legal
Terms of Service
These Terms govern the use of services provided by The Breakrs, a sole proprietorship located in Granbury, Texas ("The Breakrs," "we," "us"). By engaging us for services, you ("Client," "you") agree to these Terms.
01Services
The Breakrs provides fractional conversion optimization services, which may include blog writing, quiz deployment, CSS scoping for third-party applications, brand guideline development, and conversion rate optimization consulting. The specific scope, deliverables, and timeline of any engagement will be defined in a separate written proposal or statement of work agreed between the parties.
02Engagement and Acceptance
A binding engagement begins when both parties agree, in writing or by electronic acknowledgment, to a proposal that describes the scope of work and fees. Email confirmation satisfies the writing requirement.
03Fees and Payment
- Fees are set in the proposal and may be structured as fixed fee, hourly, monthly retainer, or a combination.
- Invoices are due upon receipt unless a different term is stated in the proposal.
- Payments are processed through Stripe. Accepted methods include major credit and debit cards and ACH bank transfer.
- Past-due invoices accrue a late fee of 1.5% per month, or the maximum allowed by Texas law, whichever is lower.
- The Breakrs may pause active work on accounts more than 14 days past due.
04Refunds and Cancellation
Because services are time-based and customized, fees are non-refundable once work has begun on a given deliverable or billing period. If you cancel an engagement before work begins on a particular billing period, any prepaid fees for that future period will be refunded in full. Monthly retainers may be cancelled with 14 days' written notice.
05Intellectual Property
On full payment of fees for a given deliverable, ownership of the final work product (copy, code, design files, documentation) transfers to the Client. The Breakrs retains the right to display non-confidential portions of the work in its portfolio and marketing materials unless the proposal states otherwise.
The Breakrs retains all rights to its own pre-existing tools, frameworks, templates, and methodologies, including any general know-how developed during the engagement that is not Client-specific.
06Confidentiality
Both parties agree to keep confidential any non-public information shared during the engagement, including business strategies, customer data, financial information, and unreleased products. This obligation continues for three years after the engagement ends.
07Client Responsibilities
- Provide timely access to the systems, accounts, and data needed to perform the work.
- Respond to requests for feedback or information within a reasonable timeframe, typically five business days.
- Ensure that any content, data, or assets you provide do not infringe third-party rights.
08Warranties and Disclaimers
The Breakrs will perform services with reasonable skill and care consistent with industry standards. We do not guarantee specific conversion rates, revenue outcomes, or marketing results, as these depend on factors outside our control. The services are provided "as is" without warranties of any kind beyond those expressly stated here.
09Limitation of Liability
To the maximum extent allowed by law, The Breakrs' total liability for any claim arising out of or relating to these Terms or an engagement is limited to the fees paid by the Client for the specific deliverable giving rise to the claim during the three months preceding the claim. The Breakrs is not liable for indirect, incidental, consequential, or punitive damages.
10Termination
Either party may terminate an engagement for material breach if the breach is not cured within 14 days of written notice. On termination, the Client will pay for all work performed up to the termination date, and The Breakrs will deliver completed work product upon receipt of payment.
11Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Hood County, Texas, and both parties consent to that jurisdiction.
12Changes to These Terms
We may update these Terms from time to time. The current version always governs, and the "Last updated" date at the top of the page indicates when it was last revised. Continued engagement after a revision constitutes acceptance of the new Terms.
13Contact
Questions about these Terms can be sent to brandon@thebreakrs.com.