Terms of Service

Benchmark provides consulting, implementation, configuration, and ongoing support for business systems and strategy services. The specific scope of work for any engagement is defined in a separate agreement, proposal, or statement of work. In the event of a conflict between these Terms and a signed agreement, the signed agreement controls.

Published pricing on our website describes service packages and is provided for informational purposes. The actual scope, fees, and terms for any engagement are confirmed in a separate agreement. Monthly service fees and one-time implementation fees, where applicable, are billed according to that agreement.

Platform usage, AI, phone, SMS, email, advertising, and certain third-party services may be billed separately based on usage and are in addition to Benchmark's service fees.

Benchmark builds and manages systems using a connected stack of third-party platforms, which may include CRM, calendar and scheduling, email and SMS communication, website hosting, AI and automation, analytics, and payment infrastructure. You acknowledge that:

• Benchmark configures and manages these platforms on your behalf, but the platforms themselves are owned and operated by third parties.
• You are responsible for complying with the terms of service of each platform used in your system.
• Benchmark is not the provider of the underlying software and is not responsible for outages, changes, or discontinuation of third-party products beyond our reasonable control.
• Certain platform fees, usage charges, and third-party subscriptions may apply and are billed separately.

Benchmark uses proven methods and reasonable effort to build and improve your systems. However, business results depend on many factors outside our control, including your market, operations, team, pricing, and execution. We do not guarantee specific revenue, lead, conversion, or growth outcomes.

To allow us to deliver services effectively, you agree to:

• Provide accurate and timely information.
• Grant necessary access to accounts, platforms, and systems as needed.
• Respond to requests and approvals within a reasonable timeframe.
• Use the systems we build in compliance with applicable laws, including consent and privacy requirements for email, SMS, and automated communications.

You are responsible for ensuring that your use of the systems we build complies with all applicable laws and regulations, including those governing marketing communications (such as TCPA, CAN-SPAM, and similar regulations), consumer privacy, and data protection. Benchmark is not liable for your failure to obtain required consents or maintain compliance.

Benchmark retains ownership of its proprietary methodologies, templates, frameworks, and processes. Upon full payment, you receive a license to use the systems, configurations, and content we build for you for your own business operations. Third-party software remains subject to its own licensing terms.

Each party agrees to keep confidential information shared during the engagement confidential and to use it only for the purpose of providing or receiving the services.

To the maximum extent permitted by law, Benchmark's total liability arising out of or related to these Terms or any engagement is limited to the fees paid to Benchmark for the services giving rise to the claim in the preceding three (3) months. In no event will Benchmark be liable for indirect, incidental, special, consequential, or lost-profit damages.

Either party may terminate an engagement according to the terms of the applicable agreement. Upon termination, Benchmark will reasonably assist with transition, and you remain responsible for fees incurred through the termination date and any third-party platform obligations you have accepted.

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Any disputes will be resolved in the courts located in Maricopa County, Arizona.

We may update these Terms from time to time. Changes will be posted on this page with an updated revision date.

If you have questions about these Terms, contact us:

Benchmark
Gilbert, Arizona
hello@benchmarkblueprint.com