Refund Policy & Payment Agreement

SMART Lead Digital | Effective Date: January 1, 2025

This Refund Policy & Payment Agreement (“Agreement”) governs all transactions with SMART Lead Digital (“Company,” “we,” “our,” “us”), a product of The Whitney Group LLC. By purchasing any product or service from SMART Lead Digital, you (“Customer,” “you,” “your”) agree to the terms outlined below.

This Agreement applies to all software subscriptions, setup services, marketing services, consulting, and usage-based charges including SMS, email, phone, and call tracking services.

1. Product Categories and Applicable Policies

SMART Lead Digital offers multiple categories of products with different refund and guarantee policies:

Category A: SMARTAds Connect Plans

Includes: SMARTAds Connect subscriptions, Beta Plans, Founders Plans, and any plan that includes the SMARTAds Connect ads launcher and optimization services.

Applicable Policy: 90-Day Conditional Guarantee (Section 3)

Category B: General Software Subscriptions

Includes: CRM-only access, platform subscriptions without SMARTAds Connect, and any subscription that does not include ads management or optimization services.

Applicable Policy: Standard 30-Day Refund Policy (Section 2)

Category C: SEO Services

Includes: All search engine optimization services, local SEO, and related marketing services.

Applicable Policy: SEO Services Policy (Section 11)

Category D: Hyperlocal Ads and Brand Amplification

Includes: All Hyperlocal Ads packages, brand amplification services, news network placements, and related publicity services.

Applicable Policy: Hyperlocal Ads Policy (Section 12)

2. Standard 30-Day Refund Policy (Category B)

This section applies to General Software Subscriptions (Category B) only.

Refund Window

You may request a full refund of your initial subscription fee within 30 calendar days of your first payment. This applies to both monthly and annual plans. Submit refund requests to billing@SmartLeadDigital.com with the subject line: “Refund Request.”

Processing Fee

All approved refunds are subject to a 4.5% non-refundable processing fee, which covers merchant transaction costs. This fee will be deducted from your refund amount.

After 30 Days

After the 30-day window, no refunds will be issued for any reason, including non-usage, dissatisfaction, or cancellation. You may cancel your subscription at any time, and service will continue until the end of your current billing cycle. No partial refunds are issued for unused time.

Refund Timeline

Approved refunds are processed within 7 to 14 business days and returned to your original payment method.

3. 90-Day Conditional Guarantee (Category A)

This section applies to SMARTAds Connect Plans (Category A) only, including Beta Plans, Founders Plans, and all subscriptions that include the SMARTAds Connect ads launcher and optimization services.

This Is NOT a Money-Back Guarantee

This is a results guarantee, not a refund policy. We do not offer refunds under this guarantee. We offer continued service and support until you achieve results, provided you complete the required conditions.

Required Conditions

To qualify for the Conditional Guarantee, you must complete ALL of the following within your first 90 days:

1. Complete onboarding within 14 days of signup. This includes attending scheduled onboarding calls, providing required business information, and completing initial platform setup.
2. Launch at least 3 ad campaigns using the SMARTAds Connect platform.
3. Respond to at least 80% of leads within 5 minutes during business hours, as measured by platform data. Business hours are defined as your shop’s posted operating hours.
4. Invest at least $1,500 in ad spend through the platform during your first 90 days.

What Happens If You Meet All Conditions

If you complete all four conditions above and still do not see measurable momentum toward results, we will extend your software access at no additional subscription cost for up to an additional 90 days while we work together to diagnose and resolve the issue.

Definition of “Quality Lead”

A quality lead is defined as a contact who meets ALL of the following criteria:

• Provided valid contact information
• Is located within your stated service area
• Expressed interest in services you offer
• Agreed to the terms of service on the intake form
• Filled out the intake form in its entirety

For leads generated through Google Ads (phone calls), quality is validated through recorded call review. A lead is considered quality if the caller expressed genuine interest in your services, regardless of whether you were able to close the sale. Your ability to close leads is not a factor in determining lead quality.

Definition of “Momentum”

Momentum is defined as generating 5 or more quality leads within the 90-day period. Lead quality is determined by platform data and recorded call review, and is not based on whether the lead converted to a paying customer.

Two Possible Outcomes

1. You generate quality leads and see results. Success. The system is working. Your subscription continues normally.
2. You do not complete the required conditions. We pause your account and part ways. No extension is offered. No refund is issued.

Important Clarifications

• This guarantee does not cover your ability to close leads. We deliver leads; you close them.
• This guarantee does not apply to seasonal fluctuations in demand. Marketing cannot create demand that does not exist.
• If you cancel during the 90-day period before completing all conditions, no extension or refund is available.
• If you achieve momentum (quality leads generated) and still wish to cancel, you may do so, but no refund will be issued.
• We reserve the right to determine whether conditions have been met based on platform data, recorded calls, and documentation.
• The maximum extension period is 90 additional days. After the extension period, standard billing resumes or you may cancel.

This Isn’t About Refunds. This Is About Results.

No other company or marketing agency worth their weight offers this. Most agencies don’t believe in what they sell. We do. We keep working with you until you see results, but you have to do the work.

4. Setup and Onboarding Fees

All setup and onboarding fees are non-refundable once any of the following has occurred:

• A scheduled onboarding call or strategy session
• Substantive communication regarding your specific account setup, including providing business information, scheduling calls, or requesting configuration changes
• Transfer or update of DNS records, email configurations, or technical systems
• Creation of custom automations, landing pages, funnels, or contact workflows
• Configuration of platform integrations, phone systems, or SMS services

Setup fees reflect real labor, digital infrastructure costs, and third-party service activations. Once these services have been initiated, no portion of the setup fee will be refunded regardless of whether you continue with the subscription.

5. Non-Refundable Charges

The following charges are never refundable under any circumstances:

1. SMS, phone, and email usage charges
2. Telephony fees from Twilio, LeadConnector, or related services
3. AI usage including but not limited to: AI funnels, AI voice, AI intelligence, AI photos, AI conversations, and any other AI-powered features
4. Unused credits or features, including rebilled credits of $25 or less
5. Access time, whether used or unused
6. Digital files, templates, or intellectual property delivered to you
7. Consulting, strategy sessions, audits, or any service involving personnel time
8. Ad management or any fulfillment work once initiated
9. Prepaid services for which we have already paid our vendors
10. SEO services once work has commenced (see Section 11)
11. Hyperlocal Ads and Brand Amplification content once published (see Section 12)

6. Billing Terms

• By subscribing, you authorize us to charge your payment method on file for all applicable fees.
• Monthly plans renew automatically on your signup anniversary date unless canceled with proper notice.
• Annual plans renew yearly unless canceled at least 30 days before your renewal date.
• You are responsible for payment regardless of whether you access or use the service.
• Pricing may change with 30 days’ notice posted on our website and/or sent via email. Existing subscribers will be notified before any price changes affect their accounts.

7. Cancellation Policy

To cancel your subscription, submit written notice to billing@SmartLeadDigital.com with the subject line: “Cancellation Request.”

• Cancellations are effective at the end of your current billing cycle.
• We require 30 days’ notice to prevent future billing.
• No refunds are issued for partial months or unused time.
• You will retain access to the platform until the end of your paid period.

Due to the complexity of our system (automations, integrations, phone numbers, workflows), we cannot process automatic or immediate cancellations. All cancellation requests require manual processing by our team.

8. Data Retention Upon Cancellation

Upon cancellation:

• Your account will be deactivated within 3 business days of your final billing cycle.
• Your data will be permanently deleted 7 days after deactivation.
• Optional “data parking” is available for $50/month (up to 6 months), plus any applicable phone line or data retention charges previously agreed to.

Once data is deleted, it cannot be recovered. You agree that we are not liable for any lost assets, contact lists, tracking numbers, automations, or workflow logic removed after account termination.

9. Chargebacks and Payment Disputes

IMPORTANT: Read this section carefully. By purchasing any product or service from SMART Lead Digital, you agree to the following:

Mandatory Pre-Dispute Resolution

Before initiating any chargeback, payment dispute, or claim with your bank, credit card company, or payment processor, you agree to contact us first at billing@SmartLeadDigital.com or 702-287-2229. We require at least 30 calendar days to resolve any billing issue before you file a dispute with any third party.

Our Response Commitment

We will acknowledge your billing inquiry within 5 business days and provide a substantive response or resolution within 30 calendar days of receiving your initial request.

Your Acknowledgment

By completing a purchase with SMART Lead Digital, you acknowledge and agree that:

• You have read and understood this Refund Policy & Payment Agreement in its entirety.
• You understand which product category applies to your purchase and the associated refund or guarantee policy.
• You have multiple ways to contact us to resolve any issue, including email (billing@SmartLeadDigital.com), phone (702-287-2229), and in-app support.
• You will contact us directly before filing any dispute with your bank or payment processor.
• Filing a chargeback without first contacting us and allowing 30 days for resolution constitutes a breach of this Agreement.

Consequences of Unauthorized Chargebacks

If you file a chargeback or payment dispute without following the pre-dispute resolution process above, or if the chargeback is found to be fraudulent or in violation of this Agreement:

• Immediate account suspension. Your access to all SMART Lead Digital services will be terminated immediately.
• Collection of amounts owed. We will pursue collection of the full original charge, plus the payment processor’s chargeback fee (currently $15 for Stripe), plus any legal fees or collection costs incurred.
• Forfeiture of services and data. You forfeit all access to services, support, data, and any assets within the platform from that point forward.
• Reporting to collection agencies. Unresolved balances may be referred to a collection agency for recovery. Collection activity may be reported to consumer credit bureaus and/or business credit bureaus (such as Dun & Bradstreet), which may affect your personal or business credit.

Why This Policy Exists

Chargebacks carry significant financial penalties for small businesses and can result in the termination of our ability to accept credit card payments. This policy exists to protect the integrity of our business and ensure we can continue serving our customers. We are committed to resolving any legitimate billing issue directly and promptly.

10. Dispute Resolution and Arbitration

In the event of any dispute arising from or related to this Agreement or your use of SMART Lead Digital services:

• You agree to notify us in writing at least 30 calendar days before initiating any arbitration, dispute filing, or legal action.
• We will make reasonable efforts to resolve the issue promptly and in good faith during this 30-day period.
• If the dispute cannot be resolved informally, both parties agree to binding arbitration in accordance with the rules of the American Arbitration Association.
• Arbitration shall take place in Clark County, Nevada, or remotely via video conference at Company’s discretion.
• This Agreement shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against SMART Lead Digital or The Whitney Group LLC.

11. SEO Services Policy (Category C)

All SEO services are non-refundable once work has commenced.

72-Hour Cooling-Off Period

If you request cancellation within 72 hours of purchase AND before any deliverables have been provided, we will issue a full refund minus the 4.5% processing fee. After 72 hours or after any work has begun (whichever comes first), no refunds will be issued.

Nature of SEO Services

Search Engine Optimization (SEO) is a long-term strategy that typically requires 3 to 6 months or longer to produce measurable results. Rankings are determined by Google and other search engines, not by SMART Lead Digital. We do not guarantee any specific ranking position, traffic volume, or business outcome.

Work Begins Immediately

Upon payment, our team begins work immediately, including but not limited to:

• Technical site audits and analysis
• Keyword research and strategy development
• On-page optimization and content updates
• Citation building and local SEO setup
• Backlink acquisition and outreach
• Google Business Profile optimization
• Monthly reporting and analytics configuration

No Refunds After Work Commences

Because SEO work is labor-intensive, begins immediately, and involves third-party costs that cannot be recovered, no refunds will be issued for SEO services once work has commenced. This applies regardless of:

• Whether you are satisfied with the pace of results
• Whether your rankings improve, stay the same, or decline
• Whether you choose to cancel before the service period ends
• Whether you believe the work was insufficient

Pricing

SEO service pricing varies based on business size, location, number of locations, competition level, and scope of work. Pricing is subject to change. By purchasing, you agree to the pricing disclosed at the time of your purchase.

Cancellation of SEO Services

You may cancel ongoing SEO services with 30 days’ written notice. Cancellation stops future billing but does not entitle you to any refund for work already performed or periods already paid.

Chargeback Waiver

By purchasing SEO services, you explicitly agree that filing a chargeback or payment dispute for SEO services constitutes a breach of this Agreement. You acknowledge that work is performed regardless of ranking outcomes, that SEO results are not guaranteed, and that you will not dispute charges with your bank or payment processor for any reason related to SEO performance or satisfaction.

12. Hyperlocal Ads and Brand Amplification Services (Category D)

30-Day Refund Policy

You may request a refund within 30 calendar days of your first payment. Approved refunds are subject to a 4.5% non-refundable processing fee. After 30 days, no refunds will be issued for any reason.

Nature of Service

Hyperlocal Ads is a done-for-you brand amplification service that publishes your business information, articles, audio ads, and video content across major news networks, podcast directories, video platforms, and high-authority websites. This includes but is not limited to placements on NBC affiliates, Fox affiliates, CBS affiliates, Google News, Bing News, YouTube, Vimeo, podcast directories, and premium outlets such as Business Insider, Medium, and other high-traffic platforms.

Publication Is Final

Once content is published to any third-party platform, that specific deliverable is considered complete. We do not control third-party platforms after publication. Content cannot be recalled, edited, or removed once live.

No Guarantees on Outcomes

We guarantee placement on the platforms included in your selected package. We do not guarantee any specific traffic, rankings, leads, sales, or business outcomes. The purpose of this service is brand amplification and authority building.

Pricing

Service pricing varies based on package tier, number of locations, and selected platforms. Pricing is subject to change. By purchasing, you agree to the pricing disclosed at the time of your purchase.

Cancellation

You may cancel ongoing monthly campaigns at any time with 30 days’ written notice. Cancellation stops future billing but does not entitle you to any refund for work already performed, content already published, or periods already paid.

13. Third-Party Platforms and Limitation of Liability

Third-Party Platform Dependency

SMART Lead Digital’s services are built on and integrate with third-party platforms and infrastructure providers, including but not limited to: HighLevel (CRM and automation platform), Twilio (telephony and SMS), Google (advertising and analytics), Facebook/Meta (advertising), and various other technology providers.

You acknowledge and agree that:

• We do not own or control these third-party platforms.
• Third-party platforms may experience outages, changes, or discontinuation of services beyond our control.
• We are not responsible for any failures, outages, data loss, or service interruptions caused by third-party platforms.
• Third-party platforms have their own terms of service which may affect your use of our services.

Service Availability

While we strive for maximum uptime, we do not guarantee uninterrupted service. SMART Lead Digital shall not be liable for any delays, failures, or interruptions in service caused by factors beyond our reasonable control, including but not limited to: internet outages, third-party platform failures, natural disasters, cyberattacks, or infrastructure issues. We will make every reasonable effort to restore services as quickly as possible and will communicate transparently about any significant outages affecting your account.

Limitation of Liability

To the maximum extent permitted by law, SMART Lead Digital’s and The Whitney Group LLC’s total liability for any claims arising from or related to this Agreement or your use of our services shall not exceed the total amount you paid to SMART Lead Digital in the 12 months preceding the claim.

In no event shall SMART Lead Digital or The Whitney Group LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, customers, or data, even if advised of the possibility of such damages.

You expressly agree that we are not liable for:

• Lost sales, leads, or business opportunities due to platform outages or technical issues
• Third-party platform failures, policy changes, or account suspensions
• Results or outcomes from advertising campaigns, SEO, or marketing efforts
• Actions taken by Google, Facebook, or other advertising platforms regarding your ads or accounts
• Any damages arising from your reliance on our services for business-critical operations

14. Customer Responsibility and Prohibited Use

Your Responsibility

You are solely responsible for:

• All activity that occurs under your account, including actions by your employees, contractors, or any person you grant access to
• Ensuring your use of our services complies with all applicable federal, state, and local laws and regulations
• Compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other telecommunications and marketing regulations
• Obtaining proper consent before sending SMS messages, emails, or making calls through our platform
• The accuracy and legality of all content you create, upload, or distribute through our platform
• Maintaining the security and confidentiality of your account credentials

Prohibited Uses

You agree NOT to use SMART Lead Digital services to:

• Send unsolicited SMS messages, emails, or make calls without proper consent
• Violate any applicable laws, regulations, or third-party rights
• Transmit spam, phishing attempts, or malicious content
• Engage in fraudulent, deceptive, or misleading business practices
• Harass, threaten, or abuse any person
• Infringe on intellectual property rights of others
• Distribute illegal content or promote illegal activities
• Attempt to gain unauthorized access to our systems or other users’ accounts
• Resell or redistribute our services without written authorization

Consequences of Misuse

If you violate this Agreement or engage in prohibited uses:

• We may suspend or terminate your account immediately without notice
• No refund will be issued for any remaining service period
• You remain liable for all charges incurred prior to termination
• You agree to indemnify and hold harmless SMART Lead Digital and The Whitney Group LLC from any claims, damages, or expenses arising from your misuse

Indemnification

You agree to indemnify, defend, and hold harmless SMART Lead Digital, The Whitney Group LLC, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of our services, (b) your violation of this Agreement, (c) your violation of any applicable law or regulation, or (d) any content you create or distribute through our platform.

15. Contact Information

For billing questions, refund requests, cancellations, or any other inquiries:

Email: billing@SmartLeadDigital.com

Phone: 702-287-2229

Support: support@SmartLeadDigital.com

Company: SMART Lead Digital, a product of The Whitney Group LLC

Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall remain in full force and effect.

Electronic Acceptance

By clicking “I Agree,” checking an acceptance box, completing enrollment, or using SMART Lead Digital services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This electronic acceptance constitutes your legal signature and has the same force and effect as a handwritten signature.

Age and Authority

By agreeing to this Agreement, you represent that you are at least 18 years of age. If you are entering into this Agreement on behalf of a business entity, you represent that you have the legal authority to bind that entity to this Agreement.

Entire Agreement

This Agreement, together with any other policies referenced herein (including our Terms of Service and Privacy Policy), constitutes the entire agreement between you and SMART Lead Digital regarding the subject matter hereof and supersedes all prior agreements and understandings.

By purchasing any product or service from SMART Lead Digital, you acknowledge that you have read, understood, and agree to be bound by this Refund Policy & Payment Agreement.

Clint Whitney
CEO/Founder, SMART Lead Digital
Small Business Marketing Expert