Terms of Service

Welcome to Rising Phoenix Partners (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our website, Smart Website platform, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our website and services immediately.

1. Overview

Rising Phoenix Partners operates a white-labeled digital marketing and website automation agency (the “Smart Website Agency”). We provide “Smart Websites” — integrated web solutions combining CRM, automation, appointment scheduling, lead capture, and unified communication features powered by GoHighLevel (“Platform”).

2. Eligibility

You must:

• Be at least 18 years of age;
• Have the authority to enter into a binding agreement;
• Use the Services only for lawful business purposes.

3. Services Provided

Our Services may include:

• Contract performance: To deliver services you’ve purchased
• Consent: For optional marketing communications
• Legitimate interest: To enhance user experience and protect our platform
• Legal obligation: When required by applicable law

All services are delivered under the terms of your selected package and governed by these Terms.

4. Client Responsibilities

You agree to:

• Provide accurate and complete business, branding, and contact information
• Maintain current payment details and ensure timely subscription payments
• Supply all necessary content, images, and assets for your website
• Comply with applicable laws (including data protection, marketing, and anti-spam laws)
• Avoid using the Services for fraudulent, unlawful, or misleading activities

Failure to comply may result in suspension or termination of your account without refund.

5. Payment & Subscription Terms

• Setup Fees: One-time charges for project initiation or custom build services (non-refundable once work begins).
• Recurring Fees: Monthly subscription fees as specified by your selected plan (e.g., Starter, Growth, or Elite).
• Billing: Fees are automatically billed via Stripe or another approved processor on a recurring basis.
• Late Payments: Overdue accounts may result in service interruption or termination after 15 days.

All fees are in U.S. dollars and subject to applicable North Carolina sales tax when required.

6. Refund Policy

Because our services are customized digital products:

• Setup fees are non-refundable once onboarding or development has started.
• Monthly subscription payments are non-refundable but may be canceled before the next billing cycle.
• Exceptional cases may be reviewed at our discretion.

7. Intellectual Property

• Setup fees are non-refundable once onboarding or development has started.
• Monthly subscription payments are non-refundable but may be canceled before the next billing cycle.
• Exceptional cases may be reviewed at our discretion.

8. Third-Party Platforms

Our services operate on the GoHighLevel platform and may integrate with tools such as:

• Google Workspace
• Stripe
• Meta, Google Ads, or other third-party APIs

Each third-party service is governed by its own Terms of Service and Privacy Policy. We are not responsible for outages, pricing changes, or limitations imposed by third parties.

9. Data Privacy

We handle your information in accordance with our Privacy Policy.

We do not sell personal information. Data is processed securely through our systems and integrations for legitimate business and service delivery purposes.

10. SMS/Text messages

10.1 SMS Program Description

Our SMS program provides text messages for appointment reminders, events, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services.

10.2 Opting Out

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode (number provided). Upon sending "STOP", we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, or text "START" to resume receiving messages.

10.3 Help & Support

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance or email admin@risingphoenixpartners.com.

10.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

10.5 Message and Data Rates

Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

10.6 Recurring Messages Disclosure

By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on your service selection, you may receive regular recurring messages. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services.

10.7 Prohibited Content

Our SMS messages will never contain:

Phishing attempts, smishing, or social engineering to manipulate you into sharing private information

Illegal content (all content complies with federal and state laws)

SHAFT content (sex, hate, alcohol, firearms, and tobacco) that does not follow federal and state law and regulations

10.8 SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

10.9 Privacy for SMS Services

For privacy-related inquiries regarding our SMS service, please refer to our Privacy Policy.

11. Communication & Support

• Standard support is available 24/7 via chat widget in the platform.
• Premium or concierge support may be available through select plans.
• You consent to receive service-related communications via email, SMS, or platform notifications.

12. Cancellation & Termination

• You may cancel your subscription at any time by emailing admin@risingphoenixpartners.com.
• Cancellation takes effect at the end of your current billing period.
• Upon cancellation, access to your Smart Website and platform account will be revoked.
• We may suspend or terminate your service for non-payment, policy violations, or misuse.

13. Limitation of Liability

To the fullest extent permitted under North Carolina law:

• Rising Phoenix Partners shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities.
• Our total liability for any claim shall not exceed the total amount you paid us in the three (3) months preceding the claim.

14. Disclaimers

Our Services are provided “as is” and “as available.”

We make no guarantees of specific revenue, lead volume, or business outcomes. Results depend on your execution, industry, and other factors beyond our control.

15. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and client information shared during the course of business.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed under the laws of the State of North Carolina, without regard to conflict-of-law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and both parties consent to that jurisdiction.

17. Modifications

We may update these Terms periodically. Updated versions will be posted on our website and take effect immediately upon publication. Continued use of the Services constitutes acceptance of the new Terms.

18. Contact

For questions or concerns regarding these Terms, contact us at:

Rising Phoenix Partners

admin@risingphoenixpartners.com

risingphoenixpartners.com

Rising Phoenix Partners, Charlotte, North Carolina, USA