Terms & Conditions

Agreement to Terms

These Terms and Conditions ("Terms") govern your use of services provided by Procomm 360 ("Company," "we," "us," or "our"), including website development, CRM systems, payment processing solutions, marketing automation, business consulting, and related services. By engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms.

Services

Scope of Services

We provide the following services:

• Custom website design and development
• Search Engine Optimization (SEO) and content marketing
• Customer Relationship Management (CRM) systems
• Business workflow automation and custom software development
• Payment processing integration and merchant services
• Email marketing and customer engagement systems
• Business consulting and strategic planning
• Ongoing maintenance and support services

Service Customization

All services are customized based on Client needs and will be detailed in a separate Statement of Work (SOW) or service agreement, which becomes part of these Terms.

Payment Terms

Fees and Pricing

Pricing for services will be outlined in the applicable SOW or invoice. Unless otherwise specified:

• Development projects may require a deposit of 25-50% before work commences
• Monthly subscription services are billed in advance
• One-time services are due upon completion or as specified in the invoice
• All fees are in USD unless otherwise stated

Payment Methods

We accept credit cards, ACH (bank account) transfers, and checks. We do not add a surcharge to card payments or a processing fee to ACH payments — the amount you authorize is the amount shown on your invoice.

Online Payment Authorization

When you submit an online card or ACH (bank account) payment, you authorize Procomm 360 to process an immediate, one-time charge to your card or debit from your bank account in the amount shown for services rendered. These payments are processed immediately and are non-refundable except as required by law or where a billing error is reported within the applicable dispute window. By checking the authorization box at checkout, you confirm you are authorized to use the payment method provided and agree to this immediate, one-time payment.

Late Payments

Payments not received by the due date may incur late fees of 1.5% per month or the maximum allowed by law. We reserve the right to suspend services for accounts with overdue balances.

Refunds

Deposits and payments for completed work are generally non-refundable. Refunds for ongoing services will be evaluated on a case-by-case basis.

Client Responsibilities

Client agrees to:

• Provide timely access to necessary materials, credentials, and information
• Respond to requests for feedback and approvals in a timely manner
• Ensure all content provided is accurate, legal, and does not infringe on third-party rights
• Maintain the confidentiality of login credentials and access information
• Comply with all applicable laws and regulations in using our services
• Provide accurate business and payment information

Intellectual Property

Ownership of Deliverables

Upon full payment, Client owns the final deliverables created specifically for them, including custom website designs, content, and materials. However, we retain ownership of:

• Pre-existing materials, templates, and frameworks
• Proprietary systems, tools, and methodologies
• Third-party software and licenses
• General knowledge and techniques used in providing services

License Grant

We grant Client a non-exclusive, non-transferable license to use any proprietary systems or tools as part of the delivered solution, subject to ongoing payment obligations where applicable.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes business information, technical data, customer lists, and strategic plans. Confidential information does not include information that is publicly available or independently developed.

Warranties and Disclaimers

Our Warranties

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. For a period of 30 days after delivery, we will correct errors in our work at no additional charge.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee specific results from SEO, marketing campaigns, or business consulting services. Results depend on many factors outside our control.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

Indemnification

Client agrees to indemnify and hold harmless Procomm 360 from any claims, damages, or expenses arising from: (a) Client's use of our services, (b) Client's breach of these Terms, (c) content or materials provided by Client, or (d) violation of any third-party rights by Client.

Term and Termination

Term

These Terms begin when you first engage our services and continue until terminated by either party.

Termination

Either party may terminate ongoing services with 30 days' written notice. We may terminate immediately if Client breaches these Terms or fails to pay.

Effect of Termination

Upon termination, Client must pay for all services rendered through the termination date. Access to our systems and ongoing services will cease. Provisions regarding payment, confidentiality, intellectual property, and liability survive termination.

Third-Party Services

Our services may integrate with or utilize third-party platforms, software, or services. Client's use of such third-party services is subject to their respective terms and conditions. We are not responsible for third-party service performance, availability, or pricing changes.

SMS/Text Message Communications

Procomm 360 offers optional SMS/text message notifications for invoice delivery, payment reminders, and service updates. Receiving SMS messages is entirely optional and is not a condition of purchasing any goods or services from Procomm 360. You may use all of our services without opting in to text messages.

If you choose to opt in, you must do so through a separate, affirmative action such as checking an opt-in checkbox (unchecked by default) or texting START to our number. You may opt out at any time by replying STOP, and opting out will not affect your service in any way.

For complete details on our SMS program, message types, frequency, data usage, and your rights, please see our SMS/Text Message Consent page.

Financial Data Access and Consent

Authorization to Access Financial Data

Certain services require access to your financial account information. By using these services and connecting your financial accounts (e.g., through Plaid or similar providers), you expressly authorize Procomm 360 to:

• Access your bank account information, including account balances, transaction history, and account holder details
• Use this information to provide payment processing, statement analysis, and merchant services
• Store this information securely for the duration of our service relationship
• Share necessary information with payment processors and financial institutions to facilitate services

Revocation of Consent

You may revoke your authorization to access financial data at any time by contacting us at admin@procomm360.com. Revocation may result in the termination of services that require access to your financial data.

Data Accuracy

We rely on the accuracy of data provided by your financial institution and third-party providers. We are not liable for errors or inaccuracies in financial data obtained through these services.

Consumer Data Protection

Procomm 360 is committed to safeguarding consumer data. We obtain explicit consent from consumers before collecting, processing, or storing their personal and financial data. We implement industry-standard security measures including:

• End-to-end encryption for data in transit
• AES-256 encryption for data at rest
• Role-based access controls limiting data access to authorized personnel only
• Regular security audits and penetration testing
• Incident response procedures for data breach notification

In the event of a data breach affecting your personal information, we will notify affected individuals and relevant authorities within 72 hours in accordance with applicable state and federal regulations.

For our complete data retention schedule and secure disposal procedures, see our Data Retention & Disposal Policy.

Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or posted on our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Sacramento County, California, in accordance with the rules of the American Arbitration Association.

Each party waives the right to a jury trial and class action participation.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with any SOW or service agreement, constitute the entire agreement between Client and Procomm 360 regarding the services and supersede all prior communications and proposals.

Contact Information

Questions about these Terms should be directed to:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.