1)- Payments & billing cycle:
a)– Billing Cycle: The Company bills Clients on a weekly cycle that runs from Sunday to Saturday. This
regular billing cycle helps ensure that all financial transactions are timely and systematically managed.
b)– Invoicing and Payment Schedule
All invoices are due upon receipt and are considered past due if not paid within one (1) day of the invoice
date.
c)– Late Fees
Past due invoices will incur a late fee of 2% per month (an annual percentage rate of 24%), or the
maximum interest rate permitted by applicable state law, whichever is lower. This fee is charged to
compensate for administrative costs and the financial impact of delayed payment.
d)– Automatic Payment Authorization
By using the EDM software, you, as the Buyer, explicitly authorize Evolving Dynamic Media LLC to
automatically charge the credit card on file for any and all outstanding invoices that remain unpaid for ten
(10) days or more past the invoice date.
e)– Strict No-Chargeback Policy & Dispute Resolution
You irrevocably agree that you will not, under any circumstances, initiate a chargeback or payment
reversal with your bank, credit card company, or payment processor (e.g., Stripe) for any leads or
services rendered and received as billable. You acknowledge that initiating a chargeback for services
already delivered constitutes a material breach of this agreement.
f)– Chargebacks are Prohibited and Constitute Fraud. You acknowledge that receiving the lead data
(the “product”) and then attempting to reclaim the funds via a chargeback, without a legitimate legal basis,
is a fraudulent act. Evolving Dynamic Media LLC will vigorously dispute all chargebacks and will provide
your financial institution with evidence of your agreement, your receipt of the services, and your explicit
authorization for payment.
g)– Mandatory Alternative Dispute Resolution. This no-chargeback policy is a fundamental term of our
agreement, designed to protect the integrity of our platform and the publishers who provide the leads. If
you have any concern regarding the quality, validity, or nature of leads received, including issues with call
quality or lead compliance, you must not initiate a chargeback. Instead, you are contractually obligated to
resolve the issue directly with our compliance team by emailing contact@evolvingdynamicmedia.com
within 10 days of the lead delivery. We are committed to working with you in good faith to investigate and
resolve any legitimate concerns.
i)– Acknowledgement
By using the EDM software and purchasing leads, you explicitly agree to these payment terms, including
the no-chargeback policy and the mandatory dispute resolution process.
2)- Collections: Should payments remain overdue for more than 10 days, the Company will initiate
collection procedures. The Client will be responsible for all associated costs arising from these collection
efforts, including, but not limited to, attorney’s fees and other legal expenses. This is to ensure the
Company can recover due amounts while maintaining service continuity.
3)- Prepayment Campaigns: Evolving Dynamic Media LLC. offers clients the unique opportunity to
participate in our Prepayment Campaigns, a tailored service designed to provide exclusivity and
maximize the value of your investment. Under this arrangement, clients have the option to pre-load funds
into their accounts, which are specifically earmarked for certain campaigns. These funds are exclusively
utilized for the purchase of leads that are unique to you, ensuring that the leads you receive are not
resold to other clients. This exclusivity underscores the premium nature of our service, as the leads are
dedicated solely to your campaigns, allowing for a higher potential return on your investment. It is crucial
to understand that the prepaid amounts under these campaigns are non- refundable. Once funds are
committed to a campaign, they cannot be withdrawn or returned under any circumstances. Furthermore,
these funds do not accrue interest, reflecting their intended purpose as an investment in your business’s
growth rather than as a financial deposit. Additionally, as with all investments, there is a certain level of
risk involved, and it is important to note that the funds in your prepayment account are not insured by the
Federal Deposit Insurance Corporation (FDIC). This highlights the investment-like nature of purchasing
exclusive leads through our network. To safeguard Evolving Dynamic Media LLC. from potential fraud and
to protect against illegitimate chargebacks or refund requests, we have implemented strict policies that all
clients must adhere to. By participating in our Prepayment Campaigns, you explicitly agree that you will
not, at any time during or after your business relationship with Evolving Dynamic Media LLC. request or
demand a chargeback from any of our merchant service providers, including but not limited to Stripe, for
any refund of funds used to purchase leads. This agreement is a critical component of our mutual
understanding and is designed to maintain the integrity and sustainability of our service offering. Should
you encounter any issues with the quality or nature of the calls received through your prepaid campaigns,
we have a dedicated compliance team in place to assist you. Rather than seeking a refund, you are
encouraged to email our compliance team at contact@evolvingdynamicmedia.com. Upon receipt of your
request, our team will conduct a thorough review of the calls in question. If it is determined that the calls
did not meet the agreed-upon standards or expectations, we will issue credits to your account
accordingly. Please note that issuing credits is our preferred method of resolution, as we do not provide
refunds for any campaign under this prepayment arrangement. In summary, our Prepayment Campaigns
are designed to offer you a level of exclusivity and investment potential that is unmatched in the lead
generation industry. By agreeing to these terms, you are making a strategic investment in your business,
backed by the assurance of dedicated support and a commitment to quality from Evolving Dynamic Media
LLC.
4)- Auto-Replenish Account: To facilitate uninterrupted service and campaign activity, Clients may opt for
the auto-replenish feature. This feature allows Clients’ accounts to be automatically topped up when their
balances drop below a specified threshold. Clients can customize this threshold and the replenishment
amount according to their budgeting needs and campaign frequency.
5)- Pricing & Payment for Services: The pricing of leads is dynamic and varies based on several factors,
including the specificity of the criteria selected by the Client and market demand. The agreed-upon prices
are automatically applied, and the cost of leads is deducted from the Client’s account balance as
transactions occur. This system ensures transparency and allows Clients to manage their expenditures
effectively.