Terms & Conditions of Agreements with XSI
These Terms and Conditions, if not listed in your Agreement with XSI, are additive for all XSI Agreements UNLESS specifically agreed to, otherwise, in any XSI Agreement
Lead Generation / SEO Services / Reputation Management Services:
Payment for the first month upon signing of the Contract. This includes both the upfront investment and the monthly fee. Payments are due immediately with a Credit Card payment. Payments for the first period will be pro-rated based on the timing during the month when a contract is signed.
Payment for subsequent months will be due on the 1st of each month by Credit Card.
Reputation Management Services may be both monthly fees and, potentially, success fees. Monthly maintenance/consulting fees are paid for on the 1st of the month. Success Fees are paid within 3 business days of the successful event.
Virtual Employees / BPO / Telemarketing Services:
Payment for the first month upon signing of the Contract. Payments are due immediately with a Credit Card payment. Payments for the first period will be pro-rated based on the timing during the month when a contract is signed.
Payment for subsequent months will be due on the 1st of each month in advance of services by Credit Card.
Part-time Virtual Employees: an estimated invoice will be done during the first month on the first day of employment for the period that follows through the following 30-day monthly period. So if someone begins on the 20th of the month, then an estimated invoice will be provided and paid for on the first day of the Virtual Employees engagement for the remainder of that month from the 20th through the entire following month. Each month thereafter will be paid on the 1st of the month. If there is a credit due for lack of hours worked, that credit will be applied on the 1st of the month in subsequent billing periods. IF more hours were worked than estimated, then that will also be reflected in the following invoices.
Success Fees for Accounts Receivable Collections will be paid on the first of each month after the prior month’s collections have been successfully cleared in the Company’s Bank.
Software is paid at the beginning of each month on the 1st or closest day to the 1st which is a weekday.
Disclaimer & As-Is Provisions
Most of the Terms of this Agreement are extremely straight forward and between how the Agreement is written and what is listed on the Company’s (“XSI) Website, there should be no need for further explanations. Still, let us proceed with extreme caution and spell out disclaimers and as-is provisions here. Please see below.
- XSI is not providing financial advice in the case of our Virtual Employees (“VE”) through our Business Process Outsourcing (“BPO”) Services when we’re contracted to provide Bookkeeping Services or Accounting Services. XSI does not give any financial advice. XSI’s BPO Services are merely supplying the labor to perform the Bookkeeping or Accounting Services. It is the responsibility of each of our customers to abide by the laws and our customers should always seek our their own legal or tax advice through professionals who are experts in this space. AND, those experts should feel free to work with XSI’s BPO VE’s to remain in the guidelines of the laws. These Services are being purchased from XSI on an as-is basis.
- XSI’s VE’s through our BPO Services are consultants at very low monthly or hourly rates. Regardless of what form of engagement with XSI’s VE’s, these VE’s are to be trained by the purchaser and managed by the purchaser as if they are employees directly employed by the purchaser.
- XSI may supply some training on an hourly basis for VEs purchased from XSI. XSI may also supply some direction/management on an hourly basis for the use of VEs. XSI may supply some amount of free training and management and those amount of hours will be spelled out in the Agreement. IF XSI is not charging for the training or management of VEs, then XSI has zero responsibility or accountability for training or management.
- XSI supplies VEs with Telemarketing and/or Appointment Setting services. XSI is, in no way, guaranteeing any Sales and/or Marketing results for Telemarketing or SEO Services or Lead Generation Campaigns. While XSI believes that using XSI’s VEs for Telemarketing and/or Appointment Setting Services is of strong value, XSI is not guaranteeing results or is XSI supplying these VEs for Telemarketing and/or Appointment Setting Services on a contingency basis whereby base pay is foregone UNTIL there is success defined by the purchaser. IF XSI is supplying VE’s on a contingency of success basis, then this will be spelled out in the Agreement.
- XSI is not guaranteeing any results from strategic partners or vendors that are supplied to purchasers through XSI’s Sales or Promotion. These Services and/or Products are sold as-is.
- When XSI is engaged for training and/or managing, the XSI will collaborate with the purchaser of these services and strive to reach goals set by the purchaser. XSI does not and will not guarantee results.
- If payments are not made by the purchaser, XSI is going to cut off Products and/or Services at the earliest time. XSI is, in no way, fronting money for Purchasers. Any non-payment by purchasers will be sought by XSI through legal actions and will be subject to 15% interest per month. Legal fees incurred by XSI will be paid for by the purchaser in default.
- Reputation Management Success is not guaranteed in any form through this Agreement. The Company has had previous success and while this is a statistical probability of future success, each customer is unique and, therefore, no guarantee can be provided for these services.
- Cancellations through Credit Card Companies to stop Recurring Charges are not valid forms of cancellation through this Agreement.
Rebates & Package Pricing
IF XSI is offering rebates, those rebates are available with specific terms.
- Payments from XSI will be made 30 or fewer days after XSI has been paid by the underwriting Merchant Services or Delay Pay Product partner.
- Rebates payments are made via ACH to a Company.
- Rebates are not available if the customer cannot be underwritten by XSI’s Banking / Underwriting partners. This applies to both Merchant Services & Delay Pay (or Buy Now, Pay Later Products). Not qualifying for underwriting is not a valid reason for contract cancellation or Merchant Service chargebacks.
IF XSI if offering Packaged Pricing, the pricing is dependent upon the purchase or use of ALL Services in the Contract:
- Often times XSI will package pricing such that a substantial discount is given on certain items in exchange for the use of other items. In the event that certain items are not being purchased or used, regardless of the reason, pricing will automatically revert to the Standard prices quoted AND additional charges for previous months will apply at the standard prices. Under no circumstances can a customer be in breach of these terms and use a Merchant Services Charge Back to cancel their contract or forgo payment.
- If the above bullet point occurs, the Customer cannot use this reason in the contract terms as a valid reason to cancel the Contract, especially, if considerations were provided with substantial discounts for a 12-month, or long-term contract, vs. a 30-day contract.