Terms and Conditions
These Terms and Conditions explain the rules for using my website, booking a free marketing checkup, and working with me on a paid consulting engagement.
Please read these terms carefully. By using inboundforward.com, booking a Free Marketing Checkup, or purchasing services from me, you agree to these Terms. If you do not agree, please do not use the website or services.
1. Who these terms cover
“InboundForward,” “I,” “me,” and “my” refer to Brian Choongphol, operating InboundForward as a solo marketing consulting practice. “You” and “your” refer to the person or organization using the website, booking a checkup, or purchasing services.
These Terms apply to the InboundForward website, Free Marketing Checkups, and paid consulting services. A separate written proposal, statement of work, or email agreement may add to or modify these Terms for a particular engagement. If there is a conflict, the specific written agreement controls for that engagement.
2. Using the website
You may use the website for lawful business and informational purposes. You may not misuse the website, interfere with its operation or security, attempt unauthorized access, introduce malicious code, scrape it in a way that creates an unreasonable burden, or use its content to violate another person’s rights.
I may update, suspend, or discontinue any part of the website at any time. I do not promise that the website will always be available, error-free, or compatible with every device or browser.
3. Free Marketing Checkup
The Free Marketing Checkup is a free 30-minute conversation offered by video call or an in-person coffee meetup. It is provided without obligation.
Booking or attending a checkup does not create a client, fiduciary, partnership, or agency relationship. Any observations or suggestions I share during a checkup are general information based on the limited context available at that time. They are not a complete audit, legal advice, financial advice, or a promise that a particular action will produce a result.
I may decline or end a checkup when necessary, including for abusive conduct, conflicts of interest, or a request outside my services. I do not promise availability for any particular date, time, or location.
Rescheduling or cancellation
To reschedule or cancel a checkup, use the link in your Calendly confirmation email. Please make changes as early as reasonably possible. If an in-person meeting cannot proceed safely or practically, I may propose a video call or a new time.
4. Paid consulting services
Paid services may include:
- Marketing Review & Action Plan: $750 fixed fee.
- Project Setup & Fixes: starting at $2,500.
- Ongoing Marketing Support: starting at $2,000 per month.
Starting prices are not binding quotes. Before paid work begins, you and I will agree in writing — through a proposal, statement of work, or email — on the scope, deliverables, fees, assumptions, responsibilities, and expected timeline. I am not required to begin work until the written terms are accepted and any required upfront payment is received.
Requests outside the agreed scope may require a revised fee, timeline, or separate written agreement. I will not treat extra work as included merely because it relates to the same project.
5. Fees, invoices, and changes
Payment is due as stated in the accepted proposal or invoice. You are responsible for any taxes or transaction charges that the written engagement terms assign to you. If an invoice is overdue, I may pause work or withhold delivery until the account is current, to the extent permitted by law.
Any deposit, refund, cancellation charge, recurring billing arrangement, or expense reimbursement will be handled as stated in the applicable proposal or invoice. If a payment term is not addressed there, you and I will resolve it in writing before the relevant work begins.
A change to scope, timing, or deliverables must be agreed in writing. Email is sufficient unless the proposal requires another method.
6. Your responsibilities
You agree to provide accurate, complete, and timely information, feedback, approvals, content, credentials through an appropriate secure method, and access to the systems reasonably needed for the work. You confirm that you have the right to provide any materials, data, accounts, or instructions you give me.
You remain responsible for:
- reviewing deliverables and decisions before they are published, launched, or used;
- the accuracy and legality of your claims, offers, products, and business practices;
- obtaining any legal, privacy, accessibility, tax, or industry-specific advice your business needs;
- maintaining backups and controlling access to your systems; and
- implementing agreed recommendations unless the written scope says I will implement them.
Delays in access, information, approvals, or feedback may move the timeline and may require a revised scope or fee. I am not responsible for delay or rework caused by incomplete, inaccurate, or late materials supplied by you or someone acting for you.
7. Approvals and communications
You may designate a person authorized to give instructions and approvals. I may rely on communications from that person until you tell me otherwise in writing. A delivery or recommendation is not automatically approved merely because you do not respond, unless your written engagement terms clearly say so.
8. Results are not guaranteed
I do not guarantee marketing results. I do not promise any specific increase in website traffic, search rankings, impressions, leads, conversion rates, sales, revenue, profitability, or return on investment.
Marketing outcomes depend on many factors outside my control, including market conditions, competition, your budget and pricing, the quality and speed of execution, customer demand, website and product quality, changes in law, and the rules and algorithms of third-party platforms.
Any case study, example, estimate, projection, benchmark, prior result, or discussion of a possible outcome is illustrative only. It is not a warranty, prediction, or promise that you will achieve the same or a similar result. You are responsible for business decisions made from my work and for deciding whether a recommendation fits your circumstances.
I will provide the services with reasonable professional care, based on the agreed scope and the information available to me. That commitment is about the quality of my work, not a guarantee of a commercial outcome.
9. Third-party tools and platforms
My work may involve or refer to services I do not own or control, such as search engines, advertising networks, analytics providers, website platforms, customer relationship management systems, hosting providers, scheduling tools, social networks, or artificial intelligence tools.
Those services have their own terms, privacy practices, fees, availability, and technical limits. They may change their products, policies, interfaces, algorithms, pricing, or access without notice. I am not responsible for a third party’s acts, omissions, outages, data loss, account decisions, security, or changes.
You are responsible for reviewing and accepting third-party terms that apply to your accounts. Unless a written engagement says otherwise, third-party fees are not included in my consulting fees. I will not knowingly bind you to a paid third-party service without your approval.
10. No legal or regulated professional advice
My services are marketing consulting, not legal, accounting, tax, investment, medical, or other regulated professional advice. You should consult a qualified professional when a decision requires that expertise.
11. Confidentiality
Each side agrees to protect the other side’s non-public business information and use it only for the engagement. Confidential information may include plans, pricing, customer information, reports, credentials, systems, financial information, and unpublished materials.
Confidentiality does not apply to information that the receiving side can show:
- was already lawfully known without a duty of confidentiality;
- becomes public through no breach of these Terms;
- is received lawfully from someone entitled to disclose it; or
- is independently developed without using the other side’s confidential information.
A side may disclose confidential information when reasonably needed to deliver the work through service providers who are expected to protect it, or when required by law. When legally permitted, the disclosing side should give prompt notice so the other side may seek protection.
12. Ownership and licenses
Client deliverables
After I receive full payment, you own the final plans, reports, documents, and other deliverables created specifically for you under the paid engagement, except for my retained materials described below. Drafts, unused concepts, and working files are not included unless the written scope says they are.
My retained materials
I retain ownership of my pre-existing materials and general methods, processes, templates, tools, frameworks, techniques, skills, experience, and know-how, including improvements that are not uniquely identifiable to you. To the extent any retained material is embedded in a paid deliverable, I grant you a perpetual, non-exclusive, worldwide license to use it as part of that deliverable for your internal business purposes.
Your materials
You keep ownership of materials you provide. You grant me a limited license to use, copy, adapt, and access those materials only as reasonably needed to perform the engagement. You are responsible for securing all permissions required for me to use them.
13. Independent contractor
I provide services as an independent contractor. Nothing in these Terms or an engagement creates an employment, partnership, joint venture, franchise, fiduciary, or agency relationship between us. Neither side may make commitments, incur obligations, or speak on behalf of the other unless expressly authorized in writing.
You control your business decisions and remain responsible for your employees, contractors, customers, operations, and compliance obligations. I control how I perform the consulting work, subject to the agreed scope, schedule, and deliverables.
14. Ending an engagement
Either side may end an ongoing engagement by written notice, subject to any notice period or other termination terms in the applicable proposal. Ending an engagement does not cancel amounts already due. You must pay for work performed and approved expenses incurred through the effective end date.
I may pause or end work immediately if you materially breach the agreement, do not pay an amount when due, ask me to do something unlawful or misleading, create an unsafe working situation, or repeatedly fail to provide what is reasonably needed to perform the work. When practical, I will provide notice and a reasonable opportunity to fix the issue.
When an engagement ends, each side will return or securely dispose of the other side’s confidential information on reasonable request, except for copies that must be retained by law, routine backups, or records reasonably needed for tax, insurance, or dispute purposes. Confidentiality, payment, ownership, disclaimers, liability limits, and any other terms intended by their nature to continue will survive.
15. Events outside either side’s control
Neither side is liable for delay or failure caused by events beyond reasonable control, such as natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, utility or internet failure, government action, widespread platform outages, or serious illness. The affected side should give notice when reasonably possible and resume performance when practical.
This section does not excuse payment for work already performed.
16. Disclaimers
Except for any express commitment in a signed proposal and to the maximum extent permitted by law, the website, checkups, and services are provided “as is” and “as available.” I disclaim implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
I do not warrant that the website or services will be uninterrupted or error-free, that every issue will be found or corrected, or that recommendations will remain effective after platforms, markets, laws, or business conditions change. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
17. Limitation of liability
To the maximum extent permitted by law, my total liability arising from or related to a paid engagement will not exceed the fees you paid me for that engagement.
To the maximum extent permitted by law, I will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, data, goodwill, or business opportunity; or the cost of substitute services, even if I was advised that such loss was possible.
For a free checkup or use of the website, my total liability will not exceed US $100, to the maximum extent permitted by law. These limits apply regardless of the legal theory asserted and are part of the basis of the agreement between us.
The limitations do not apply to liability that cannot lawfully be limited or excluded. Some jurisdictions do not allow certain exclusions or limits, so portions of this section may not apply to you.
18. Your responsibility for certain claims
To the maximum extent permitted by law, you agree to defend, indemnify, and hold me harmless from third-party claims, damages, liabilities, and reasonable legal costs arising from materials or instructions you provide, your products or business practices, your unlawful use of a deliverable, or your material breach of these Terms. This obligation does not apply to the extent a claim was caused by my willful misconduct or by a material breach of my obligations.
I will promptly notify you of a covered claim and reasonably cooperate in the defense. You may not settle a claim in a way that admits fault by me or imposes an obligation on me without my written consent.
19. Changes to these Terms
I may update these Terms from time to time. The revised version will state a new effective date. Changes apply prospectively when posted and do not rewrite the terms of a paid engagement already in progress unless you and I agree in writing or a change is required by law.
20. Governing law and venue
Arizona law governs these Terms and any dispute arising from them, without regard to conflict-of-law rules. Unless applicable law requires otherwise, any lawsuit must be brought in a state or federal court with jurisdiction in Maricopa County, Arizona, and each side consents to that court’s jurisdiction and venue.
21. Notices
Routine project communications may be sent by email. A formal notice under a paid engagement should be sent to the email address each side uses for that engagement and is effective when received. Either side may update its notice address in writing.
22. Other legal terms
Entire agreement. These Terms and the applicable written engagement terms form the entire agreement about their subject and replace earlier discussions or understandings about it. Severability. If a provision is held unenforceable, it will be enforced to the greatest extent permitted, and the remaining provisions will continue. No waiver. A failure or delay in enforcing a right is not a waiver. A waiver must be in writing and applies only to the specific instance stated. Assignment. Neither side may assign a paid engagement without the other side’s written consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the successor accepts the obligations. Headings. Headings are for convenience and do not change the meaning of the Terms. Electronic records. Email approvals and electronic signatures may be used to form and manage an engagement to the extent permitted by law.
23. Contact
Questions about these Terms may be sent to choongie@gmail.com.
InboundForward
Peoria, Arizona, USA
https://inboundforward.com