Terms of Service - DirtMade Leads, LLC

Last Updated: December 2024

DirtMade Leads, LLC ("DirtMade Leads," "Company," "we," or "us") provides managed lead generation, appointment-setting, and related marketing services ("Services") to clients ("Customer," "Client," or "you"). By submitting your payment information, enrolling in a subscription, or using our Services, you acknowledge and agree to the following Terms of Service.

1. Subscription Services

DirtMade Leads offers managed lead generation and appointment-setting services on a recurring subscription basis. Our Services are designed specifically for blue-collar contractors and small business owners in industries such as excavation, land clearing, landscaping, and related trades.

When you enroll in a subscription, you are paying for:

  • Access to our managed lead generation and appointment-setting services
  • Dedicated labor and operational capacity allocated to your account
  • Marketing expertise, campaign management, and ongoing optimization efforts
  • Use of our systems, tools, and processes to generate and deliver leads or appointments on your behalf

Important: Subscription fees are charged for access to services, labor, and operational capacity—NOT for a guaranteed number of leads, appointments, conversions, or revenue outcomes.

2. No Guarantee of Results

DirtMade Leads makes no guarantees regarding the quantity or quality of leads, appointments, conversions, closed jobs, or revenue that will result from our Services. Specifically, we do not guarantee:

  • A minimum or maximum number of leads per billing period
  • A minimum or maximum number of booked appointments per billing period
  • Any specific conversion rate, close rate, or revenue outcome
  • That leads or appointments will result in paying customers or jobs

Results may vary significantly based on factors outside our control, including but not limited to:

  • Market conditions and seasonal demand in your service area
  • Your pricing, reputation, and competitiveness
  • Your responsiveness to leads and appointment requests
  • Your calendar availability and willingness to take on new work
  • Local competition and economic conditions
  • The scope and nature of services you offer

By enrolling in our Services, you acknowledge and accept that results are inherently variable and that no specific outcomes are promised or implied.

3. Billing Authorization & Renewal

By providing your payment information and enrolling in a subscription, you authorize DirtMade Leads to:

  • Charge your stored payment method the subscription fee displayed at checkout
  • Process recurring charges on a regular basis (weekly, monthly, or as otherwise specified at enrollment) until you cancel your subscription
  • Store your payment information securely and process charges automatically without requiring you to be present or take additional action ("off-session payments")
  • Charge any applicable onboarding fees, setup fees, or additional service fees as disclosed at enrollment

Charges apply regardless of service volume. Your subscription fee is due each billing period whether or not you receive leads, appointments, or other deliverables during that period. The subscription fee covers your access to our Services and the operational capacity we maintain on your behalf—not a guaranteed output.

Subscriptions renew automatically at the end of each billing period until canceled by you. It is your responsibility to cancel before the next billing cycle if you no longer wish to continue Services.

4. No Refunds / Final Charges

All subscription fees, onboarding fees, and charges are final and non-refundable once a billing period begins. This includes:

  • Initial onboarding or setup fees
  • Recurring subscription fees
  • Any additional service fees charged during your subscription

Dissatisfaction with results does not constitute grounds for a refund. Because our Services involve dedicated labor, operational capacity, and costs incurred on your behalf, refunds cannot be issued for:

  • Receiving fewer leads or appointments than expected
  • Leads or appointments that do not convert to paying customers
  • Market conditions, seasonality, or external factors affecting demand
  • Any other reason related to dissatisfaction with outcomes

By enrolling, you acknowledge that you are paying for access to Services and accept the inherent variability of results.

5. Cancellation Policy

You may cancel your subscription at any time by providing written notice to DirtMade Leads via email or SMS.

Upon cancellation:

  • Your subscription will remain active through the end of the current paid billing period
  • You will continue to receive Services until the end of the current billing period
  • No further charges will be processed after the current billing period ends
  • No refunds or prorated credits will be issued for any unused portion of the current billing period

Cancellation prevents future billing only. All charges incurred prior to and including the current billing period remain due and payable.

6. Calendar Access & Client Responsibility

For appointment-setting services, you are responsible for:

  • Providing and maintaining accurate calendar availability
  • Keeping your calendar up to date to reflect times you are available for appointments
  • Responding promptly to booked appointments and confirming with prospects
  • Showing up for scheduled appointments or providing adequate notice if you need to reschedule

DirtMade Leads is not responsible for:

  • Missed appointments caused by calendar conflicts, lack of availability, or failure to respond
  • Appointments that cannot be scheduled due to inadequate calendar availability
  • Lost revenue, missed opportunities, or any damages resulting from your failure to maintain calendar availability or respond to appointments
  • Prospects who cancel or no-show for appointments

You acknowledge that the effectiveness of appointment-setting services depends significantly on your active participation and timely responsiveness.

7. Service Types & Distinctions

DirtMade Leads offers different service models. The terms applicable to your account depend on the service type you enroll in:

  • Subscription Services: Recurring managed lead generation and/or appointment-setting services billed on a fixed recurring basis (governed by Sections 1–6 above)
  • Pay-Per-Lead Services: Variable charges based on individual qualified leads delivered (governed by Section 8 below)
  • One-Time Services: Project-based or one-time marketing services (if offered, governed by terms disclosed at enrollment)

Sections 9–16 of these Terms apply to all service types unless otherwise specified. If you are enrolled in multiple service types, all applicable sections apply to your account.

8. Pay-Per-Lead Services

If you enroll in pay-per-lead services, the following terms apply in addition to (or in place of) the subscription-specific terms above:

8.1 Pay-Per-Lead Billing Authorization

By providing your payment information and enrolling in pay-per-lead services, you authorize DirtMade Leads to:

  • Securely store your payment method and charge it for all qualified leads delivered to you
  • Process variable recurring charges based on the number of leads delivered, at the per-lead rate displayed at checkout or as otherwise agreed in writing
  • Charge your stored payment method automatically and without requiring you to be present or take additional action ("off-session payments") for each qualified lead
  • Charge any applicable onboarding fees or setup fees as disclosed at enrollment

You understand and agree that pay-per-lead charges are variable and depend on the volume of qualified leads generated. You authorize DirtMade Leads to initiate charges for each qualified lead without further approval.

8.2 Pay-Per-Lead Pricing

The per-lead rate will be the rate displayed at checkout or as otherwise agreed to in writing between you and DirtMade Leads. DirtMade Leads reserves the right to adjust pricing with reasonable notice. Continued use of Services after a pricing change constitutes acceptance of the new rate.

8.3 Pay-Per-Lead Delivery

Leads are delivered immediately or as soon as practicable after generation. If automatic payment processing fails, lead delivery may be paused until a valid payment method is on file and successfully charged.

8.4 Pay-Per-Lead No Refunds

All pay-per-lead charges are final and non-refundable once a lead has been delivered. Leads are generated and delivered in real time; therefore, completed charges cannot be reversed, refunded, or disputed. This includes:

  • Leads that do not result in closed jobs or revenue
  • Leads where the prospect is unresponsive or cancels
  • Leads that do not meet your subjective expectations

If you believe a lead is invalid (spam, duplicate, outside service area, etc.), you may dispute it under Section 10 below. Approved disputes may result in account credit at our sole discretion—not refunds.

8.5 Pay-Per-Lead Cancellation

You may cancel pay-per-lead services at any time by providing written notice to DirtMade Leads via email or SMS. Upon cancellation:

  • No further leads will be delivered after cancellation is processed
  • All charges for leads delivered prior to cancellation remain due and payable
  • Any outstanding balance must be paid in full
  • Onboarding fees or setup fees are non-refundable

8.6 No Volume Guarantees

DirtMade Leads makes no guarantees regarding the number of leads you will receive through pay-per-lead services. Lead volume may vary based on market conditions, seasonal demand, your service area, and other factors outside our control. You acknowledge that lead generation is inherently variable.

9. Lead & Appointment Definitions

For purposes of our Services (both subscription and pay-per-lead):

  • A "lead" is defined as a completed inbound form submission containing valid contact details, an inbound phone call lasting longer than 15 seconds, or any inbound inquiry where a prospect expresses interest in your services through our marketing channels.
  • An "appointment" is defined as a scheduled meeting or call between you and a prospect that has been booked through our appointment-setting services.
  • A "qualified lead" (for pay-per-lead billing purposes) is a lead that meets the criteria above and is not determined to be spam, a duplicate, or otherwise invalid under Section 10.

Leads or appointments generated by spam bots, competitors, existing customers, or duplicate contacts may be excluded or evaluated for credit at our sole discretion.

10. Quality & Disputes

If you believe a lead or appointment is invalid (spam, duplicate, outside service area, etc.), you must notify DirtMade Leads within 24 hours of the lead or appointment timestamp. Determinations of validity are made at the sole discretion of DirtMade Leads.

If no dispute is submitted within 24 hours, the lead or appointment is automatically deemed valid and billable.

For subscription services: Disputes regarding lead or appointment quality do not affect your subscription fee obligations.

For pay-per-lead services: If a lead dispute is approved, you may receive account credit toward future leads at our sole discretion. Refunds are not issued for disputed leads.

11. Chargebacks & Disputed Payments

You agree not to file chargebacks, payment disputes, or reversals for any validly authorized charges, including subscription fees, per-lead fees, onboarding fees, or any other charges you have agreed to pay.

Filing a chargeback or payment dispute for an authorized charge may result in:

  • Immediate suspension of Services
  • Termination of your account
  • Collection efforts for amounts owed, including assignment to a collections agency
  • Recovery of chargeback fees, legal fees, and collection costs

The following chargeback claims are not valid:

  • For subscription services: A claim for "service not delivered" or "product not as described" where you have received access to our Services as described in these Terms
  • For pay-per-lead services: A claim for "service not delivered" once a lead has been delivered to your designated communication channel (email, SMS, CRM, etc.)

If you have a billing concern, please contact us directly to resolve the issue before initiating a chargeback with your financial institution.

12. Payment Method Responsibility

You are responsible for ensuring your stored payment method remains active, valid, and sufficiently funded for all charges (both recurring subscription fees and per-lead charges). If your payment method is declined or fails:

  • Services may be paused or suspended until payment is successfully processed
  • Lead delivery may be paused (for pay-per-lead services)
  • We may reattempt the charge or contact you to update your payment information
  • You remain responsible for all fees incurred, including any leads delivered prior to payment failure

You agree to promptly update your payment information if your payment method changes, expires, or is otherwise unable to process charges.

13. Limitation of Liability

To the maximum extent permitted by law, DirtMade Leads shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Lost profits, revenue, or business opportunities
  • Loss of goodwill or reputation
  • Costs of substitute services
  • Any damages arising from your use or inability to use our Services

Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the total fees paid by you to DirtMade Leads during the three (3) months immediately preceding the claim.

14. Governing Law & Disputes

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

15. Modifications to Terms

DirtMade Leads reserves the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our Services after changes are posted constitutes your acceptance of the revised Terms.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to notify you via email or through your account dashboard.

16. Entire Agreement

These Terms of Service, together with any service-specific terms disclosed at enrollment, constitute the entire agreement between you and DirtMade Leads regarding your use of our Services. These Terms supersede any prior agreements, representations, or understandings.

By submitting payment information or enrolling in a subscription, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service. Your enrollment constitutes your electronic signature and full acceptance of these Terms.

Questions About Your Subscription or Billing?

Please contact support at [email protected] before disputing any charge. We're here to help resolve any concerns.

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