These Terms & Conditions govern the provision of services by SolFlutter to clients. By engaging SolFlutter's services, you agree to these terms in full.

Services

SolFlutter provides operational efficiency consulting, automation implementation, and engagement optimization services for nonprofits, social enterprises, and mission-driven organizations. Specific services are outlined in individual project proposals and service agreements.

All services are subject to scope, timeline, and deliverables as defined in the signed Service Agreement and accompanying Proposal.

Client Obligations

Clients are responsible for:

• Timely Communication: Responding to requests for feedback, approvals, and information within agreed timeframes
• Access Provision: Granting necessary access to systems, platforms, data, and tools required for project completion
• Content & Materials: Providing accurate content, brand guidelines, legal disclaimers, and any materials needed for deliverables
• Availability: Being available for scheduled meetings, training sessions, and check-ins
• Decision-Making Authority: Ensuring the person signing the Service Agreement has authority to approve work and make decisions on behalf of the organization

Delays caused by failure to fulfill these responsibilities may extend project timelines and are not the responsibility of SolFlutter.

Payment Terms

Pricing: All pricing is outlined in individual project proposals. Prices are valid for 30 days from proposal date unless otherwise specified.

Payment Structure:

• Standard projects: 50% deposit due upon contract signing, 50% due upon project completion
• Enterprise projects: Custom payment schedules available upon request
• Payment is due within 7 days of invoice date unless alternative arrangements have been made

Late Payments: Invoices not paid within 7 days may result in project suspension. Projects suspended for more than 30 days due to non-payment may be terminated, with fees owed for work completed to date.

Third-Party Costs: Clients are responsible for all costs associated with third-party tools, software subscriptions, platform fees, payment processing fees, and any other external services required for project implementation or ongoing operation.

Project Timeline

Estimated timelines are provided in each project proposal based on scope and complexity. Timelines are estimates and may be adjusted based on:

• Client feedback and approval speed
• Complexity discovered during implementation
• Third-party platform limitations or delays
• Changes to project scope

SolFlutter will communicate any timeline changes promptly and work to minimize delays. 

Scope Changes

Changes to the agreed-upon scope of work must be requested in writing and approved by both parties. Scope changes may result in:

• Adjusted pricing
• Extended timeline
• Additional agreements or amendments

Work outside the original scope will not begin until changes are documented and approved.

Intellectual Property

Client Ownership: Upon full payment, clients own all deliverables created specifically for their project, including but not limited to:

• Documentation and training materials
• Email copy and landing page content
• Workflow configurations and automation setups
• Design assets created for the project

SolFlutter Ownership: SolFlutter retains ownership of general business processes, methodologies, and any tools or materials not created specifically for the client's project.

Portfolio & Case Studies: SolFlutter may request permission to use completed projects as case studies and showcase work in portfolios, marketing materials, and client testimonials. Permission will be obtained from the client before any project information is shared publicly. Clients may choose to be identified by name or remain anonymous. Confidential or sensitive information will not be disclosed under any circumstances.

Confidentiality

Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the engagement, including but not limited to:

• Business strategies and plans
• User and donor data
• Financial information
• Internal processes and systems
• Trade secrets

This obligation continues beyond the completion of the project. Exceptions include information that:

• Is publicly available
• Was already known prior to disclosure
• Is required to be disclosed by law

Limitation of Liability

Maximum Liability: SolFlutter's total liability under any service agreement is limited to the total amount paid by the client for services under that specific agreement.

Excluded Damages: SolFlutter is not responsible for business impacts that go beyond the direct work performed, such as:

• Lost revenue or opportunities
• Loss of data stored on third-party platforms
• Interruptions to your business operations
• Damage to your organization's reputation

Third-Party Services: SolFlutter is not responsible for:

• Third-party platform outages, changes, discontinuation, or policy changes
• Costs associated with third-party tools and subscriptions
• Performance issues caused by third-party services
• Data loss or security breaches at third-party platforms

Client Modifications: SolFlutter is not responsible for issues arising from:

• Client modifications to delivered systems after project completion
• Improper use or maintenance of delivered systems
• Failure to follow provided documentation and training

Results & Outcomes: While SolFlutter works to deliver effective solutions, results are dependent on multiple factors including client execution, market conditions, user behavior, and external factors beyond SolFlutter's control. SolFlutter does not guarantee specific outcomes, metrics, or performance results.

Warranties & Disclaimers

What SolFlutter Guarantees: SolFlutter will perform all services with reasonable skill and care, consistent with professional industry standards.

What Is Not Guaranteed: Beyond the commitment to quality work, SolFlutter makes no other guarantees about the services or deliverables. This includes guarantees about how well third-party platforms and tools will perform or remain available.

Third-Party Tools: SolFlutter cannot guarantee the performance, reliability, or continued availability of third-party platforms and tools used in your project, as these are outside of SolFlutter's control.

Cancellation & Refund Policy

By Client - Before Implementation: If a client cancels after signing the Service Agreement but before implementation work begins, the deposit is refundable minus any completed discovery, planning, and administrative work. A detailed breakdown of completed work and associated costs will be provided.

By Client - During Implementation: If a client cancels after implementation has begun, refunds are prorated based on the percentage of work completed. SolFlutter will provide an itemized summary of completed deliverables and associated costs. The client is responsible for payment for all work completed to the cancellation date.

By SolFlutter: SolFlutter reserves the right to terminate a Service Agreement if the client:

• Fails to make payments as outlined in the agreement
• Fails to fulfill responsibilities outlined in Section 2 (Client Obligations)
• Engages in abusive, threatening, or unprofessional behavior
• Requests work that violates laws or ethical standards

In cases of termination by SolFlutter due to client breach, fees for work completed are non-refundable.

Cancellation Process: All cancellations must be submitted in writing to hello@solflutter.com. Cancellations are effective upon receipt and acknowledgment by SolFlutter.

Post-Launch Support

All projects include post-launch support as specified in the Service Agreement (typically 30-60 days depending on project tier). Post-launch support includes:

• Troubleshooting technical issues with delivered systems
• Minor adjustments and refinements
• Performance monitoring and guidance
• Answering questions about system use and maintenance

Support Limitations: Post-launch support does not include:

• New feature development
• Significant scope additions or changes
• Training for new staff members (beyond initial training)
• Issues caused by client modifications or third-party platform changes

After Support Period: After the included support period ends, ongoing support is available through:

• Hourly consulting rates
• Maintenance agreements
• New project engagements

Dispute Resolution

In the event of a dispute, both parties agree to:

1. First attempt to resolve the matter through good-faith negotiation
2. If negotiation fails, pursue mediation before initiating legal action
3. Mediation will be conducted by a mutually agreed-upon mediator

Governing Law: These Terms & Conditions and all Service Agreements are governed by the laws of the State of Michigan.

Indemnification

Client agrees to indemnify and hold harmless SolFlutter from any claims, damages, losses, or expenses (including legal fees) arising from:

• Client's use of deliverables in a manner inconsistent with provided documentation
• Client's violation of third-party rights (including intellectual property rights)
• Inaccurate or misleading information provided by client
• Client's violation of applicable laws or regulations

Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to: natural disasters, acts of government, wars, pandemics, internet or utility failures, or other unforeseeable events. In such cases, timelines may be extended accordingly.

Independent Contractor

SolFlutter operates as an independent contractor. Nothing in these Terms or any Service Agreement creates an employment, partnership, or agency relationship between SolFlutter and the client.

Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

Entire Agreement

These Terms & Conditions, together with the Service Agreement and Proposal, constitute the entire agreement between SolFlutter and the client. Any modifications must be made in writing and signed by both parties.

Update to Terms

SolFlutter reserves the right to update these Terms & Conditions at any time. Updated terms will be posted at solflutter.com/terms with the revision date noted. Clients with active Service Agreements will be notified of significant changes. Continued engagement with SolFlutter after updates constitutes acceptance of revised terms.

Contact Information

Questions about these Terms & Conditions should be directed to:

SolFlutter
Email: hello@solflutter.com
Phone: 313-986-1498
Website: solflutter.com