Terms & Conditions
Effective Date: January 23, 2025
Revision Date: October 16, 2025
Client Acceptance & Scope
By submitting payment, approving a proposal, accepting an invoice, providing system access credentials, authorizing Terra Data Consulting to access or review client-owned accounts or platforms, or otherwise engaging Terra Data Consulting’s services (including through email, Slack, or shared drive collaboration), the Client confirms that they have received, reviewed, and accepted these Terms & Conditions and the accompanying Privacy Policy. These Terms govern all client-facing matters and supersede any prior Terra Data materials, except as otherwise stated in an executed Master Services Agreement (MSA) or as expressly provided herein.
1) Services Overview
1.1 Nature of Services. Terra Data Consulting (“Terra Data,” “we,” “us,” or “our”) provides consulting and advisory services for real estate investors and related businesses. Our services may include: (a) data preparation and list management performed inside client-provided accounts; (b) CRM migration, structuring, and optimization; (c) marketing operations, campaign scheduling, and cadence design; (d) KPI tracking, lead analysis, and marketing finance monitoring; (e) automations and AI-based tools; (f) participation in strategy or acquisition meetings; and (g) ad hoc projects (e.g., audits, system reviews).
1.2 Delivery Channels. Engagements are delivered via secure channels such as Slack, email, shared drives, and video conferencing (e.g., Zoom or Google Meet). Quotes and invoices are typically issued by email.
1.3 No Data Sales; Work Inside Client Accounts. Terra Data does not sell or resell skip tracing services or property records and does not provide third-party platforms. When needed, list preparation (including skip tracing) occurs solely inside client-provided accounts for that client’s engagement. We will never use one client’s accounts for the benefit of another.
1.4 Advisory Capacity; No Outcome Guarantees. Our services are advisory/operational support. We do not guarantee specific outcomes (e.g., lead volume, response rates, acquisitions, or performance).
1.5 Controlling Terms. If any inconsistency exists between these Terms & Conditions and other Terra Data materials (including guides, instructions, or proposals), these Terms & Conditions govern.
1.6 Acceptance. By engaging Terra Data’s services—including authorizing access, providing credentials or data, or otherwise using our consulting support—clients accept and agree to be bound by these Terms & Conditions.
2) Consulting Engagement Structures
2.1 Hourly Consulting. Rate: $150/hour. Invoicing: at project completion or agreed milestones. Payment Terms: Net 10 days. Best for short-term or unpredictable projects.
2.2 Monthly Retainer. Fee: $4,500/month; coverage based on ≈ 40 hours per month (8–10 hours/week). Billing: prepaid at the start of each month. Overages: Occasional overages—even large ones in a given month—are absorbed without extra billing. If workloads consistently exceed 40 hours over multiple months, we will revisit the agreement and may (i) add hourly billing for excess time, (ii) adjust the retainer, or (iii) reduce workload. Unused hours do not roll over.
2.3 Project-Based Quotes. Quotes are estimates based on scope and may change if scope evolves. If additional hours are expected, Terra Data will provide an updated estimate in writing and, unless the client objects in writing, will continue under the revised estimate. Final billing may exceed the original estimate.
3) Invoicing & Payment
3.0 General. Invoices are issued by email. All amounts are in USD. All payments are non-refundable. If an error in our own work materially affects a deliverable within agreed scope, we will correct it at no additional cost via additional consulting hours. Adjustments are provided only in the form of additional consulting time.
3.1 Deposits. For project-based or retainer engagements, Terra Data may require a deposit upon acceptance of a proposal or quote. Unless otherwise stated in writing, deposits are due upon acceptance and applied toward the first invoice. Deposits are non-refundable once services have commenced, except as required by law or mutually agreed in writing.
3.2 Overdue Payments; Late Fees. Invoices are due on their stated due date (e.g., Net 10). If any undisputed amount remains unpaid for ten (10) calendar days after the due date, Terra Data may assess a late fee or finance charge at a rate of 1.5% per month (18% per annum), provided that such charge shall not exceed the maximum rate permitted under applicable law, accruing until paid. Late fees are in addition to the invoiced principal and may be assessed on any future invoice or statement of account.
3.3 Suspension for Nonpayment. Terra Data may pause or delay work if any undisputed invoice remains unpaid after its due date. Suspension does not waive payment obligations and will be lifted upon receipt of payment.
3.4 Partial Payments; Application of Funds. Partial payments do not constitute a waiver of any balance due. Terra Data may apply payments to the oldest outstanding amounts first unless otherwise required by law.
3.5 Collections Costs. Client agrees to reimburse reasonable costs of collection (including filing fees and reasonable attorneys’ fees) incurred to collect undisputed, past-due amounts, to the extent permitted by applicable law.
3.6 Rate Adjustments. Terra Data may adjust hourly and/or retainer rates with reasonable advance notice (typically at least fifteen (15) calendar days).
4) Client Accounts & Responsibilities
4.1 Third-Party Platforms. Clients are solely responsible for maintaining, funding, and managing their own third-party platforms (e.g., CRMs, dialers, skip tracing, property data tools). By providing credentials or access, Client authorizes Terra Data to use those accounts solely to perform services on Client’s behalf.
4.2 Compliance with Platform Terms & Law. Clients are solely responsible for ensuring that their use of any third-party platforms complies with the platforms’ terms and applicable laws. Terra Data is not responsible for platform outages, errors, data inaccuracies, or changes to third-party terms.
4.3 Compliance Scrubs & Outreach. If compliance scrubs are required (e.g., Do-Not-Call, TCPA, CAN-SPAM), Clients must provide appropriate tools within their accounts. Terra Data does not execute outbound campaigns.
4.4 Contractors. From time to time, Terra Data may recommend or coordinate with independent contractors for specific tasks. Contractors may be granted limited access to Client-provided data strictly as necessary. Contractors are engaged and paid directly by the Client and operate under their own policies. Terra Data is not liable for contractors’ independent actions or omissions.
5) Deliverables & Use
5.1 Scope of Deliverables. Deliverables may include strategy documents, process recommendations, dashboards, trackers, automations, AI tools, scripts, data preparation performed in Client accounts, CRM structures, and related outputs. Deliverables are tailored to Client needs.
5.2 Internal Use License. Deliverables are licensed for Client’s internal business use only. Redistribution, resale, sublicensing, or external sharing is prohibited without Terra Data’s prior written consent.
5.3 No Outcome Guarantees. Deliverables are designed to support Client operations; results depend on many factors outside Terra Data’s control. No specific performance, response rates, or acquisition outcomes are guaranteed.
6) Subscription Tools
6.1 License. Any Terra Data tools made available on a subscription basis are licensed (not sold) for internal use only and may not be shared, sublicensed, resold, or transferred.
6.2 Restrictions. Clients may not copy, reverse engineer, or create derivative works of any subscription tool. All intellectual property rights remain with Terra Data.
6.3 Changes & Availability. Terra Data may modify, suspend, or discontinue subscription tools at any time.
7) Communication Channels
7.1 Preferred Channels. Clients may collaborate with Terra Data via a private Slack channel, email, or video conferencing. Where Slack is not used, communication will occur via agreed alternatives.
7.2 Client Monitoring. Clients are responsible for monitoring agreed channels. Terra Data is not liable for delays or missed updates if communications were sent through designated channels but not reviewed.
8) Intellectual Property
8.1 Terra Data IP. Workflows, processes, methodologies, tools, automations, scripts, and deliverables created by Terra Data remain Terra Data’s intellectual property.
8.2 Client License. Clients receive a limited, non-exclusive, non-transferable license to use deliverables internally. Sharing with Client staff, contractors, or vendors is permitted only for executing Client’s operations and only under confidentiality and internal-use limitations.
8.3 Reuse by Terra Data. Terra Data may reuse and adapt its own IP, methods, automations, and structures in other engagements. Client-provided data and confidential information will not be shared with or used for the benefit of other clients.
9) Compliance & Legal Responsibility
9.1 Client Responsibility. Clients are solely responsible for ensuring their marketing and business practices comply with all applicable laws and regulations (e.g., TCPA, CAN-SPAM, DNC, privacy and data protection laws). Terra Data does not provide legal advice.
9.2 Third-Party Terms. Clients must ensure compliance with third-party platform terms and licensing restrictions. Terra Data disclaims responsibility for any fines, penalties, claims, or actions arising from Client’s use of deliverables or third-party platforms.
10) Limitation of Liability; Indemnification
10.1 Limitation of Liability. To the fullest extent permitted by law, Terra Data shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits/revenue, lost business opportunities, reputational harm, data loss/corruption, or campaign outcomes. In no event will Terra Data’s total liability for any claim exceed the total fees actually paid by Client to Terra Data in the three (3) months immediately preceding the event giving rise to the claim. Terra Data is not liable for the acts, errors, or omissions of third-party vendors, platforms, data providers, or independent contractors.
10.2 Client Indemnification. Client shall defend, indemnify, and hold harmless Terra Data, its members, officers, and contractors from and against any claims, damages, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Client’s use or disclosure of deliverables or data; (b) Client’s violations of law (including without limitation TCPA, CAN-SPAM, DNC, privacy, and data protection laws); (c) Client’s breach of these Terms; or (d) activities in Client’s third-party accounts. Terra Data will promptly notify Client of any claim and reasonably cooperate at Client’s expense. Terra Data may participate in the defense with counsel of its choosing at its own expense.
11) Force Majeure
11.1 Scope. Terra Data shall not be liable for delay, interruption, or failure to perform caused by events beyond its reasonable control, including third-party platform outages, vendor interruptions, changes to third-party terms, natural disasters, severe weather, power or internet disruptions, cyberattacks, strikes, labor disputes, or government actions.
11.2 Effect. Obligations are suspended (not waived) during the event. Payment obligations are not excused. Terra Data will make commercially reasonable efforts to resume services as soon as practicable.
12) Termination & Service Eligibility
12.1 At-Will Termination. Either party may terminate this Agreement upon written notice. Fees already paid remain non-refundable; any issued, undisputed invoices remain due.
12.2 Termination for Cause. Either party may terminate for material breach if the breaching party fails to cure within fifteen (15) days of written notice.
12.3 Effect of Termination. Upon termination: (a) future work ceases; (b) all undisputed fees accrued through the effective termination date become due and payable; and (c) subject to Sections 8 and 9, Client may continue to use previously delivered internal-use deliverables.
12.4 Suspension. Terra Data may suspend services for suspected breach, required legal/vendor action, nonpayment, or to prevent harm or misuse. Suspension does not waive payment obligations.
12.5 Service Eligibility; Right to Decline. Terra Data may decline new or continued engagements where, in Terra Data’s reasonable judgment, the contemplated work would violate these Terms, vendor requirements, or applicable law, or presents undue operational, security, or compliance risk. Any such decision does not affect rights or obligations accrued prior to notice.
13) Dispute Resolution
13.1 Informal Resolution; Mediation. Before initiating arbitration, either party may request non-binding mediation in the State of Florida, administered by the American Arbitration Association (AAA). Each party bears its own costs unless otherwise agreed.
13.2 Binding Arbitration. If mediation does not resolve the dispute, any claim or controversy arising out of or relating to these Terms shall be resolved exclusively by binding arbitration in the State of Florida under the AAA Commercial Arbitration Rules before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
13.3 Class/Collective Waiver. To the fullest extent allowable by law, each party agrees that any claim or controversy arising out of or relating to these Terms shall be brought and resolved solely in the party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator shall have no authority to conduct or preside over any such class, collective, or representative proceeding. By agreeing to arbitration, each party irrevocably waives any right to bring or participate in a class or collective action.
13.4 Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive relief in court to protect confidential information or intellectual property.
14) Governing Law; Venue for Provisional Relief
14.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles.
14.2 Venue for Provisional Remedies. For purposes of enforcing an arbitration award or seeking provisional remedies (e.g., injunctive relief), the parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Florida.
15) Updates to Terms
15.1 Changes. Terra Data may update or modify these Terms to reflect changes in services, pricing, or applicable law. Unless required by law, updates are effective as of the Revision Date stated above.
15.2 Notice of Material Changes. For material changes (e.g., significant billing, scope, or responsibility changes), Terra Data will make reasonable efforts to notify active clients in advance, typically by email. Continued use of services after the Revision Date constitutes acceptance of the updated Terms.
16) Contact
16.1 Contact Method. For questions, concerns, or notices regarding these Terms, contact: contact@terradataconsulting.com
17) Miscellaneous
17.1 Entire Agreement. These Terms, together with any executed Order (e.g., proposal, SOW, or written email confirmation) and the Terra Data Privacy Policy, constitute the entire agreement between the parties concerning the subject matter hereof and supersede any prior or contemporaneous understandings not expressly incorporated.
17.2 Hierarchy; MSA Precedence. If Client has executed a Master Services Agreement ("MSA") with Terra Data, the MSA controls in the event of conflict with these Terms & Conditions, and the remaining provisions of these Terms continue to apply to the extent not inconsistent. In the event of a conflict between an executed Order and an MSA, the MSA controls unless the Order expressly overrides a specific MSA section by name.
17.3 Authority to Bind. Only the Co-Founders & Managing Members shall have authority to execute or modify binding agreements on behalf of Terra Data.
17.4 Severability. If any provision of these Terms is held unenforceable, it shall be reformed to the minimum extent necessary to be enforceable, and the remaining provisions shall continue in full force.
17.5 No Waiver. If either party chooses not to enforce any provision of these Terms on one occasion, that choice does not waive the right to enforce it later. Any waiver must be in writing and signed by the party granting it.