1. Who these terms cover
These Terms of Service (“Terms”) govern use of consistentcalls.com and, where incorporated into a service agreement, services provided by Heard Services LLC, a California limited liability company operating under the Consistent Calls brand (“we,” “us,” or “our”). “You” means the visitor or client and, where applicable, the business they are authorized to represent.
By using the website, you agree to its applicable use terms. If you do not agree, do not use the website. You must be at least 18 and have authority to enter a binding agreement to purchase services for your business. Browsing this website or submitting an intake form does not purchase a package, create a minimum service commitment, or authorize billing.
2. Services and written agreements
We provide website design, SEO and Google Business Profile support, AI search visibility, lead follow-up and CRM configuration, content, reporting, and related marketing services for kitchen and bathroom remodeling contractors. Specific services depend on the selected package and the agreed scope.
A proposal, order, statement of work, or other written agreement accepted by both parties should identify scope, fees, timing, approvals, and any special conditions. That agreement controls service-specific matters and prevails over these Terms if there is a conflict. Package descriptions on the website are summaries, not an agreement to perform unlisted or unlimited work.
Project timing depends on timely access, accurate information, content, approvals, and third-party cooperation. Changes to scope, extra locations, additional deliverables, or other work outside the agreement require mutual agreement, including any additional fees.
3. Fees and recurring billing
Our advertised packages use monthly service pricing. The applicable written agreement or invoice specifies the actual charges, payment schedule, and due dates. Ad spend, communication usage, and approved third-party charges are separate from package fees unless expressly included.
If your written agreement authorizes recurring billing, billing continues for the agreed periods until canceled in accordance with that agreement and these Terms. These Terms alone do not authorize us to charge a payment method, establish an unapproved renewal period, or impose an undisclosed minimum commitment.
Any changes to an existing client’s fees must be communicated and handled under the applicable agreement. Changing a price on the public website does not retroactively change an accepted invoice or signed agreement.
4. Cancellation and refunds
You may cancel at any time unless otherwise stated in a separate written agreement accepted by both parties. To cancel, email jason@consistentcalls.com with your business name and request. Unless that agreement specifies a different effective date or notice requirement, cancellation is effective when we receive the request. We will confirm the cancellation and coordinate any necessary wind-down or handover.
Cancellation does not eliminate amounts already due for services performed or approved costs incurred, subject to the agreement and applicable law. Hosting, CRM access, and ongoing work are included only during active service; continued hosting or support after cancellation requires a separate arrangement.
Refunds and proration: any agreed refund eligibility, timing, or proration should be set out in the client’s written agreement or separately agreed with us, subject to applicable law. These Terms do not impose a blanket no-refund policy or promise an automatic or prorated refund. Contact us to request a review. Nothing here limits a refund or other remedy required by law.
5. Ownership, licenses, and handover
You own your domains, business accounts, supplied assets, contacts, and lead data from day one. You authorize us to use the materials and access you provide only as reasonably necessary to perform agreed services, operate authorized systems, and fulfill legal obligations.
As described in our packages, ownership of the website and transferable custom CRM configuration transfers after six consecutive full monthly payments, subject to the agreed scope and applicable third-party licenses. This ownership milestone is not, by itself, a six-month minimum service commitment.
Before that milestone, the service agreement should address rights to agency-created deliverables and any early-transfer or buyout arrangement. Cancellation does not transfer ownership of those deliverables automatically, but it does not change your ownership of your original assets, accounts, contacts, or lead data.
Third-party platforms, subscriptions, stock assets, fonts, licensed software, and pre-existing tools remain subject to their own ownership and license terms. We cannot transfer ownership of a third-party CRM platform itself or rights we do not hold. At the end of service, we will coordinate reasonable transfer or export of client-owned materials and transferable deliverables, subject to platform capabilities and the applicable agreement. Any additional migration work or third-party costs must be separately agreed.
Our brand, this agency website’s content, and our general methods and pre-existing materials remain ours or our licensors’. We will seek separate permission before using your nonpublic submissions, project results, or supplied assets in promotional case studies.
6. Market exclusivity
Market exclusivity applies to the competing services and territory agreed with an active client. The written agreement should define those boundaries and any duration or exceptions. A website visit or intake submission does not reserve a territory, and exclusivity should not be assumed outside the agreed scope.
7. Client responsibilities
You are responsible for providing accurate business information, timely approvals, lawful content, and appropriate account permissions. You must have the rights and permissions needed for photos, logos, testimonials, customer information, and other materials you ask us to use. Do not submit passwords through the intake form; provide access through suitable account invitations or an agreed secure method.
Where services involve lead follow-up, email, text messages, advertising, or review requests, each party must comply with laws applicable to its activities. You must provide lawfully obtained contacts, valid permissions where required, and accurate instructions, and respect opt-out requests. An automation tool or campaign setup is not a substitute for legally required consent or disclosures.
8. Acceptable website use
You may use the website to learn about our services and submit legitimate business information. You must not misuse forms, impersonate others, upload unlawful material or malicious files, send spam, attempt unauthorized access, bypass security or submission limits, interfere with availability, or collect personal information from the website without lawful authority.
Reasonable security and abuse-prevention measures may block suspicious requests. You can contact us if a legitimate submission is blocked. No self-service website account is currently required to submit the intake form.
9. Results and third-party services
We focus on diligent execution of the agreed work. Unless expressly stated in an accepted written agreement, we do not guarantee specific search rankings, AI citations, lead volumes, booked projects, revenue, return on ad spend, or exclusive control over third-party platforms.
Results can depend on competition, market conditions, your operations, budgets, approvals, website history, and changes to algorithms or platform policies. We do not control Google, advertising platforms, hosting providers, CRM vendors, or other third parties. Their availability, fees, policies, and license terms may affect a project.
No particular uptime or uninterrupted availability is promised unless a written agreement expressly provides it. We will address service issues under the agreed scope, but ordinary platform interruptions do not guarantee a particular commercial outcome.
10. Privacy and confidentiality
Our Privacy Policy explains this website’s information handling. A separate confidentiality or data-processing agreement may govern client information handled for a project. Information provided for service delivery is not permission to publish it as a testimonial or case study.
You should not provide unnecessary sensitive personal information or confidential information about third parties without authorization. Client-operated websites and campaigns may require their own privacy notices and communication permissions.
11. Suspension and termination
We may suspend affected work or website access where reasonably necessary to address unlawful activity, a material breach, nonpayment of amounts properly due, or a security risk. Where practicable, we will explain the issue and provide a reasonable opportunity to resolve it before suspending contracted services. Urgent abuse or security issues may require immediate action.
Termination and outstanding payments are governed by the applicable written agreement and law. Clauses that reasonably need to continue, such as ownership, confidentiality, payment for completed work, and applicable liability limits, survive termination. Client-owned information and deliverables are handled as described in the agreement and the ownership section above.
12. Disclaimers and limitation of liability
Website information is general marketing information, not individualized legal, financial, or other regulated professional advice. To the extent permitted by law, the website and its general information are provided “as is” and “as available,” without implied warranties of merchantability, fitness for a particular purpose, or uninterrupted availability. This does not remove any express commitment in a separate service agreement.
To the extent permitted by law, neither party is liable under these Terms for indirect, incidental, special, or consequential losses, such as lost profits or lost opportunities. Unless a separate accepted agreement provides otherwise, our total liability for claims governed by these Terms is limited to the greater of $100 or the fees you paid us for the affected services during the 12 months preceding the event giving rise to the claim.
These limitations do not exclude liability that cannot legally be excluded or limited, including protections applicable to fraud, willful misconduct, or gross negligence where required by law. They do not waive nonwaivable statutory rights. The proposed allocation of liability must be reviewed before this draft is finalized.
13. Governing law and disputes
California law governs these Terms, excluding conflict-of-law rules, except where mandatory applicable law requires otherwise. If a dispute arises, contact jason@consistentcalls.com so we can first attempt a good-faith resolution.
Unless a separate written agreement provides otherwise, disputes may be brought in California courts with proper jurisdiction, subject to any nonwaivable rights concerning jurisdiction or venue. These Terms do not impose mandatory arbitration or a class-action waiver.
14. Changes and general terms
We may update these Terms by changing the date above and posting the revised version. We will provide additional notice of material changes where required by law or an applicable agreement. Website updates do not retroactively amend accepted service agreements, authorize new charges, or remove accrued rights.
If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. A failure to enforce a provision on one occasion is not a permanent waiver. These Terms and any applicable accepted written agreement describe the relevant relationship; separately agreed terms control where they conflict with these Terms.
Questions, cancellation requests, and other notices can be sent to Heard Services LLC at jason@consistentcalls.com.