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gFour Terms & Conditions

The following terms and conditions (this “Terms of Use”) govern all use of the Services. The Services are owned and operated by gFour Marketing, LLC (“gFour”). Please read these Terms of Use carefully before using the Services.

This Terms and Conditions Agreement (“Agreement”), together with any schedules, exhibits, and documents referenced herein, constitutes the entire agreement between gFour Marketing, LLC (“gFour”) and Client regarding the use of the 1Into5 Program™ and related services. In the event of any conflict between the terms of this document and the terms of the gFour Agreement, the terms of the gFour Agreement shall prevail. 

Definitions

“Agreement” means these terms of use and all materials referred to or linked to here as well as any Order Form.

“Client” means the party receiving services from gFour.

“gFour” means gFour Marketing, LLC and its affiliates.

“Confidential Information” means any and all information disclosed by one party to the other party in connection with this Agreement, including but not limited to: customer information, names, addresses, phone numbers, email addresses, proprietary technologies, processes, methodologies, business strategies, financial information, and technical data, whether disclosed orally, in writing, or electronically.

“1Into5 Program™” means gFour’s proprietary marketing system and customer relationship management platform that includes sending customers gifts, online and offline communications, and all associated methodologies and processes.

Non-Disclosure and Non-Solicitation Agreement

In order to protect certain confidential information that may be disclosed by Client to gFour, they agree that:

  1. The confidential information disclosed under this Agreement is described as: Customer information, including names, addresses, phone numbers or email addresses. Confidential Information excludes information that: (a) is or becomes publicly available through no breach of this Agreement by the receiving party; (b) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or is rightfully received by the receiving party from a third party without breach of any confidentiality obligation.
  2. gFour shall use the confidential information received under this Agreement for the purpose of participation in The 1Into5 Program™ which includes sending customers gifts, surveys, online and offline communications.
  3. gFour shall protect the disclosed confidential information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the confidential information as gFour uses to protect its own confidential information of a like nature.
  4. This Agreement imposes no obligation upon gFour with respect to Confidential Information that is independently proven to become a matter of public knowledge through no breach of this Agreement by gFour. However, gFour shall maintain at least industry-standard security measures to prevent unauthorized disclosure.
  5. gFour does not acquire intellectual property rights under this Agreement except the limited right of use set out in paragraph 2 above.
  6. Client agrees to keep all information related to gFour’s proprietary technologies and processes confidential.
  7. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement for a period of three (3) years, except that trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.
  8. During the term of this Agreement, Client and gFour will not directly or indirectly (except in the case of solicitations made to the general public) solicit any employee, independent contractor or other affiliate for any purpose.

CRM Authorization

Client gives consent for gFour to obtain personal information relating to Client’s customers from their established CRM system.

  1. The information to be obtained from a CRM is limited to the customer’s first name, last name, full mailing address, job number, job description, invoice amount, phone number, email address and other necessary relevant information required for the proper fulfillment of the system. The information will be collected at a predetermined schedule.
  2. gFour shall use the confidential information received under this Agreement for the purpose of marketing, which includes online and offline communications. The Client is responsible for obtaining consent from their customers to receive communication via email, mail, phone and other mediums prior to gFour starting the Activation process. gFour assumes that for any Activation the Client has proof of consent.
  3. gFour shall protect the collected confidential information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the confidential information as gFour uses to protect its own confidential information of a like nature. Please see the executed Addendum to gFour Marketing, LLC Non-Disclosure Agreement.
  4. gFour will never share this information with third parties under any circumstances.
  5. Please refer to your signed non-disclosure Agreement for further details. I have read and understand this consent form, including how the collected information will be used, and that this information will not be passed on to any third parties.

This consent is valid for the life of this Agreement unless Client notifies gFour in writing. 

Use Agreement for The 1Into5™ Relationship Marketing System

  1. The price of the Monthly Service Fee specified in this contract shall be subject to an automatic increase based on the higher of (i) the Consumer Price Index (CPI) at the time of contract renewal or (ii) 5%. Use of all gFour systems and programs cease to operate upon cancellation. There are no refunds for unused services or deliverables.
  2. gFour reserves the right to terminate a Client at its option, with 30 days written notice, without liability. Reasons for termination may include the Client’s violations of federal, state or local laws or generally accepted industry standards for ethical business operation.
  3. Client agrees that the technologies, processes and programs employed by gFour are proprietary in nature and that Client will not attempt, nor hire others to attempt to re-engineer or otherwise interface with gFour’s intellectual property in order to create interoperability with any of Client’s existing applications, without the express written permission of gFour. This provision of the Agreement shall survive the termination of this Agreement.
  4. Client agrees that gFour has made no guarantees or claims of the actual income or results Client may achieve. Client agrees to indemnify and hold harmless gFour and its directors, officers, owners employees and associates for any loss or liability incurred by Client in operation of Client’s business including: user of services tools, advice, etc. provided by gFour.
  5. gFour is assessing fees-for-service and at its discretion may limit the number of Clients served in each market. Client agrees to hold gFour harmless in regard to any action by another Client.

Negative Review Removal Terms of Service

gFour offers Negative Review Removal Services to its Clients as an add-on to its core marketing services. These services are fulfilled through a third-party service provider engaged by gFour. By accepting a Proposal that includes Review Removal Services, the Client agrees to the following supplemental terms, which form part of the Client’s existing agreement with gFour.

Definitions

•       Review Removal Services or Services refers to the content removal, deletion, or de-indexing services identified in the Proposal, including the removal of Content of Concern from the Nominated Publisher(s).

•       Third-Party Service Provider refers to the independent contractor or vendor engaged by gFour to perform the Review Removal Services on behalf of the Client.

•       Content of Concern refers to the specific online content outlined by the Client in the Proposal requiring removal, including but not limited to URLs, online reviews, articles, images, videos, or other similar digital content.

•       Nominated Publisher(s) refers to the specifically identified website or online platform that hosts, publishes, and/or displays the Content of Concern (e.g., Google, Yelp, Facebook).

•       Proposal refers to the documents or correspondence provided by gFour to the Client outlining the Services, Fees, Scope, Start Date, End Date, and/or any other particulars.

•       Start Date refers to the commencement of the agreement, where gFour begins coordinating Services for the Client.

•       End Date refers to the termination date of the agreement, where gFour ceases providing Services for the Client, unless otherwise agreed upon by both parties to continue.

•       Pay Per Removal Guarantee refers to the guarantee associated with gFour’s Review Removal Services, whereby the Client agrees to be charged only upon the Successful Removal of the Content of Concern.

•       Successful Removal refers to the outcome where the original Content of Concern has been removed, deleted, or de-indexed from the Nominated Publisher(s).

•       Fees or Payment(s) refers to the payment made or required by the Client to gFour for the provision of Services, as specified in the Proposal.

•       Billing Arrangement refers to the payment agreement of Fees incurred by the Client for the provision of Services by gFour.

1. Provision of Services

1.1  gFour agrees to coordinate and provide the Review Removal Services to the Client as outlined in the Proposal, in accordance with these terms. gFour may engage a Third-Party Service Provider to perform the removal work on its behalf.

1.2  gFour will provide the Services to the extent of the scope outlined in the Proposal. Should the scope require modification, this will be agreed upon in writing by both parties.

1.3  gFour may require a deposit or upfront payment before commencing Review Removal Services, as detailed in the Proposal.

1.4  gFour or its Third-Party Service Provider may request information and materials from the Client in order to perform the Services.

1.5  In the event Services are delayed as a result of insufficient or unreasonably slow communication from the Client, the End Date may be reasonably extended by the length of such delay, as agreed upon in writing by both parties.

1.6  gFour makes no guarantees that the Content of Concern will be removed, either partially or in full. The Client will only be charged for successfully removed Content.

1.7  In the rare event that Content of Concern is reinstated by the Nominated Publisher after a Successful Removal, gFour will coordinate a reattempt at removal at no additional cost to the Client. No further Removal Fee(s) will be due from the Client for that specific piece of Content.

2. Client Obligations and Warranties

2.1  Unless another payment structure is specified in the Proposal, the Client acknowledges and agrees to be charged upon the successful completion, removal, deletion, or de-indexing of the Content of Concern from the Nominated Publisher(s).

2.2  The Client acknowledges and agrees that if the Content of Concern is removed within the agreed-upon Pay Per Removal Guarantee period, gFour (acting through its Third-Party Service Provider) is deemed solely responsible for the removal, and the quoted price will be charged to the Client.

2.3  The Client acknowledges and agrees that gFour is not responsible if the Content of Concern is edited by the original author or publisher and/or reposted as a new instance after it was successfully removed in its original form. Any such reposted or republished content will be treated as a separate scope, and gFour makes no guarantees regarding the consecutive removal of such content.

2.4  The Client acknowledges and agrees that if termination of the Services is requested before expiry of the agreed-upon term, no refunds will be given for payments or deposits made prior to the termination request.

2.5  The Client acknowledges and agrees to pay for any Content of Concern attempted within the term outlined in the Proposal that is successfully removed before gFour is notified of the termination of the agreement.

2.6  Neither gFour nor its Third-Party Service Provider will directly contact the author(s) of Content of Concern unless given written authorization by the Client. The Services are primarily focused on communicating with the Nominated Publisher(s). However, the Client understands that the Nominated Publisher may, from time to time, notify the original author as part of its own processes, and gFour has no control over this.

2.7  gFour agrees to notify the Client of Successful Removals before charging the balance of the Fees. gFour further agrees that deposits will be refunded in the event that no Content of Concern can be removed within the agreed-upon term.

3. Indemnity and Limitation of Liability

3.1  To the extent permissible by law, gFour is not liable for:

(a)  Faults or defects in any services provided by third parties in connection with this agreement, including the Third-Party Service Provider;

(b)  Any indirect, special, or consequential loss, loss of profits, data loss or corruption, loss of revenue, loss of goodwill, loss of anticipated savings, or business interruption, however arising, whether or not gFour knew of the possibility of such loss and whether or not such loss was foreseeable.

3.2  To the extent permissible by law, gFour’s total aggregate liability for any and all claims relating to the Review Removal Services (in contract, tort, or otherwise) will be limited to and not exceed the amounts actually paid by the Client for the Services.

3.3  gFour makes no warranties regarding the likelihood of success of its Review Removal Services.

3.4  To the fullest extent permitted by law, the liability of gFour for breach of a non-excludable condition is limited to: (a) supplying the Services again; or (b) payment of the cost of having the Services supplied again.

3.5  To the extent permissible by law, the Client agrees to indemnify and hold gFour harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses, and costs (including legal fees on a full indemnity basis) arising from:

(a)  The Client’s breach of this agreement;

(b)  The Client’s negligent actions or omissions;

(c)  The Client’s use of the Services, including any third-party claims made in connection with or arising out of the Client’s use of the Services;

(d)  Breach of third-party intellectual property, privacy, confidentiality, or moral rights.

3.6  To the extent permissible by law, the Client agrees to indemnify and keep gFour, its members, officers, and employees indemnified against all loss arising from actions taken in performing the Services.

4. General Provisions

4.1  These Negative Review Removal Terms of Service supplement and form part of the Client’s existing service agreement with gFour Marketing Group LLC. In the event of any conflict between these terms and the Client’s existing agreement, these terms shall prevail with respect to Review Removal Services.

4.2  Acceptance of these terms is indicated by way of contract in the form of an initial payment or deposit, electronic signature, formal written notice, or other indicated acceptance of the Proposal.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida for any dispute arising from this Agreement. Each party waives any objection to the venue in such courts and any claim that such courts are an inconvenient forum.