The report showed that more than 123 million Americans visited newspaper sites in May, representing 57 percent of the total U.S. Internet audience, as the New York Times Brand led the category with more than 32 million visitors and 719 million pages viewed during the month.
As the economy turns around, customer-centric organizations will be best equipped to take advantage of growing consumer confidence, as they will have the best understanding of the needs and wants of their audience.
She spends more time doing home related stuff at work than work related stuff at home. There is a Fascinating Chart breakdown of how much time she spends on various activities during a day. She’s a powerful moving market you BETTER know how to reach – on her time!
There is SO MUCH MORE insight, but – The most interesting thing about this stat is that even those that considered the experience unprofitable said that they upsold 25% of the people and the people that considered it a profitable experiences up sold 50%.
We at BusinessBridge will be introducing a needed solutions tool for the Service Industry to take advantage of this remarkably growing concept the really isn’t new – just digitized!
Have you fallen into the trap of thinking that, if you’re a service provider there’s little you can share on Instagram? After all, you don’t have any products to photograph. And don’t forget the perception that business is boring…. BUT
Perhaps the best indicator of receptivity to appointment scheduling is the high percentage of people (over 80%) who would be willing to set up a profile or account with a service provider to make subsequent appointment scheduling easier.
Finally, the perception that scheduled services are more valuable, which surfaced in the survey data, may give businesses the support they need to raise prices over time – or, equally important, hold the line on prices during a downturn. Small price differences would be an important part of any ROI calculation that could make an appointments system even more valuable.
by Steve Marsh
As Arlo Guthrie sang: Good Mornin’ America How Are You? This well written piece helps carpet cleaners to understand what FittleBug has been saying for quite some time – PAY ATTENTION TO WHAT YOUR CONSUMERS WANT!!!
No… we host the application for you and support it’s upgrades on our end. The software can brand the look and feel of the application to look like your company’s website with the same banner, logo’s and color schemes.
Imagine this scenario. A busy mom needs to get her carpets cleaned. She calls a local carpet cleaner to set up an appointment. She sits on hold listening to Dan Fogelberg while she waits for the scheduler. The scheduler answers and asks if she can put the busy mom on hold for a minute. Before she can even get a word out busy mom is listening to Dan again. Seconds pass, then minutes. Then an abrupt, “How can I help you?”
Busy mom says she’d like to make an appointment to get her carpets cleaned. How many rooms? Four. Hallways? One. Staircases? One. Busy mom’s three year old is saying “uh oh” from the kitchen. What day? Any day. Earliest opening. You prefer mornings. Busy mom is wiping milk off the floor. She wonders, Why can’t I be scheduling appointments online?
You can imagine the rest of the scenario. Busy mom takes the appointment that’s offered because she needs to get off the phone. Then she has to call back to cancel it. This happens three times. Schedule. Reschedule. Wait on hold. Chase child while on the phone. Frustrated busy mom. Frustrated carpet cleaner.
Three months later busy mom’s carpets are still dirty and the carpet cleaner has expended a lot of energy on the phone and still not made the sale. Why can’t we be scheduling appointments online?
This is the age of technology, afterall. Why aren’t service providers using it for online service scheduling?
For years, the airline industry has had it figured out. Busy mom sits at her computer, children sleeping, and looks for flight options. She checks schedules, compares prices, and makes her reservation without ever being put on hold or faced with the ridiculous task of making an appointment she knows she can’t keep.
An online scheduling system is no longer unique to the airline industry. FittleBug now allows carpet cleaners and other service providers to offer online service scheduling. FittleBug is the service industry’s answer to scheduling woes by making 24/7, real-time, online service scheduling a reality for busy moms.
How many appointments are you losing because scheduling appointments online is not an option for your customers – and trying to schedule them by phone is just too frustrating? FittleBug is the key to making your customers happy. Click Mom to watch what happens:
You can test out FittleBug by clicking here or the tab at the top of the page called “FittleBug Demo”. NOTE: to enter the program please read and follow the instruction at the top of the demo page. Any questions call 630-444-2000.
It dawned on me one evening as I walked into “Luna” Carpet and Tile store in Naperville IL. I went there because a client of my FittleBug Real-Time Scheduling tool was nice enough to invite me to a business function Luna was hosting. I’m not going to let people tell me that DOD’s (deal of the days) are a waste of time. As we walked toward the front door there was a huge sign stating: “Buy One Room get One Free”. Maybe they aren’t for every stage of business or every industry, but the concept has been around forever… so I researched Groupon being the largest and made this video to share. Let me know your thoughts with comments… thanks!
The Value of our FittleBug Real-Time Scheduling tool with the “DOD Craze” is – If you do a DOD and it works WELL, you are going to need a Real-Time Scheduler to keep up with the call ins to set up times. FittleBug is the “Ultimate Call to Action” – Let the consumers “BOOK THEMSELVES”.
After all, they know how to use the internet, because they found these “DOD’s” there, they researched you as a possible provider on the Internet, they paid for the coupon of the internet, and they received an email with the coupon information via the Internet! What in Creation makes you think that they wouldn’t want to schedule with you “ON THE INTERNET” Click below to see how FittleBug Saves you Time and Money…
We provide Initial training and ongoing email and phone support. We also provide video snippets on most aspects of the administration functionality. We offer numerous model to chose from which makes it easier to initially get up and running quickly. You can add to or delete aspects of a chosen model to reflect your company. Remember – you control almost everything related to how you want it displayed to the consumer.
Not in Bill Coulter’s corner of Seattle, Washington since he started offering customers on-line, real-time scheduling about four months ago.
Since that time, Coulter, owner of Zimp Carpet Cleaning, figures he’s already garnered about $9,500 in sales from 50 new clients who have scheduled their appointments for carpet or upholstery cleaning from his website at www.forzimp.com. The online scheduling is powered by a new software application called FittleBug™. Coulter’s only form of marketing is to have a presence on Yelp, am online local aggregator. He believes that he doesn’t even need a complete website at this point.
According to Coulter, customers are jumping online to schedule appointments every day, at every hour – one, in fact, at 2:30 in the morning. With so many customers taking advantage of online scheduling, it’s apparent they appreciate its convenience.
Coulter used to rely solely on customers emailing or calling to request appointments. But on days that are fully scheduled with jobs, there’s not always someone at the office. So he believes the online scheduling has been a significant factor in the number of new customers he’s garnered recently.
“The potential is incredible,” said Coulter. “Customers tell me they like it a lot, that it’s easy to use.” Zimp’s potential is as many as 160 new customers in a year’s time, at an average of $190/appointment. Such numbers are impressive for an owner-operator who’s been in business less than two years in a market of hundreds of carpet cleaners. He believes that as he learns to promote the online scheduling to prospective customers in Seattle, “the upside could get really interesting.” Most recently Bill has been averaging a new client per day from the online FittleBug Scheduling tool.
People who need to make an appointment to have carpets, area rugs, tile floors, furniture or mattresses cleaned simply go to www.forzimp.com and click on the scheduling link to choose the service(s) they need, and are provided a quote immediately. Then, they choose an available appointment time – an exact slot of time representing the time it takes to perform the service, not an arbitrary “window” of four to six hours.
It’s that simple. Customers don’t have to wait for a confirmation phone call; the appointment is confirmed as soon as they put in their address, contact, and payment information.
The FittleBug™ application that powers Zimp’s online scheduling was created and developed by BusinessBridge, Inc. of St. Charles, Illinois. You can find out more about it at www.businessbridge.com or email Steve Mastio at firstname.lastname@example.org or call 630-444-2000 x 102
Great Results – Excellent Service – Highly Recommended!
I’ve been using them for about a year now, and the results have been fantastic! I have experienced a consistent increase in customer calls, and my sales are up significantly over last year. I am always able to reach someone if I have a question, and the service I receive is second to none. I highly recommend them for anyone looking to take their business to the next level. Excellent! – Terry Palmer, Owner, Heaven’s Bestwww.hbcleaningsandiego.com.
What a life… the world sucks all around you, you hate your boss, so you decide to start your own carpet cleaning company. Good for YOU! Go out on the limb – that’s where God put the fruit. You look into what it costs for the equipment, chemicals, pricing, insurance and all those things that will be the foundation of your new carpet cleaning company. You start by cleaning those jobs of the people that you know, collect a little money and go get a beer. Sweet – You’re in Business!
Know your Audiences Day!
All of the sudden you get this gut wrenching feeling in your stomach as you ponder how you are going to feed the kids – Damn I forgot to Market! Marketing is just as vital as the hose that sucks the water from your potential client’s carpet. I would argue more important. You don’t need the hose if there is NO ONE to hose. You’re the only one getting hosed – and it doesn’t feel good.
There are many forms of marketing for the small service provider today. Learn the Art and Science of Referrals, coupon books, direct mail, and boat loads more. Oh yeah – and then there is the Internet. Everyone says that it is the future, but man is it hard to figure out. You don’t have the time, energy or maybe even skills to learn what you need to know about making this medium work for you. Here’s a thought – Make the time or find the money to pay someone to do it. Having a website is worthless if you don’t tell people. You might as well take a piece of paper and write down what you do, and tape it to your friends computer screen. It’s like a brochure if you don’t make it interactive. We live in a Me Now, You later, On My time World. Marketing must be available when people want it and how they want it, and more and more it must be in real-time. People don’t want to play communications tag with you; they have lives to get back to. In their eyes – if you aren’t there, someone will be! Don’t kid yourself experienced reader of carpet cleaning – TIME TRUMPS LOYALTY.
The best advice that this blogger can give you is to have a marketing strategy that leads with the online market. People are going there in droves looking for local providers. Be There – Be Prominent – Be Available. Streamline the process of communicating with prospects if you expect to make them clients.
Remember that you aren’t really in business if you have nowhere to go or aren’t profitable. You have to market, market, market, market, market… you get the idea. Remember “failure is not an option – it’s usually a result” – of forgetting to market.
Whew – I’m done. To see what we at BusinessBridge have done to help you differentiate yourself with your competition by building you a real-time online scheduling tool so you can market 24/7, click the link below and let us know if we can help.
BusinessBridge – maker of “FittleBug”
It’s more than Booking in Real-Time, it’s Marketing Automatically!
Automated Email Notifications – Set ‘em & Forget ‘em
Now you don’t have to worry about merging your clients with outside Email Marketing tools like MailChimp, AWeber, or Constant Contact…with the new version of FittleBug it’s as easy as set ‘em & forget ‘em.
Want to customize your own Booking Notifications, Personal Thank-You emails, Appointment Reminders, Holiday Specials…. DONE!
Want these emails to fire out 24/7 based on triggered events like 24 hours prior to each appointment or 9 months after one… DONE!
Want to personalize each one with first, last or full name; appointment date, job start time, order details like date, time and services chosen…DONE!
Do you already have template emails in other programs? In seconds they cane be imported in to the FittleBug Automated email program… DONE!
Do you want to have one sent out at a Specific Time on a Specific Date to a Specific group of people… DONE!
Do you service a certain item that can only be performed by certain trucks or people because of equipment or skill set needed and you only want to allow consumers to view and choose those trucks/people’s time… DONE!
Do you have a lot of clients that use iPhones, Android Phones, or Tablets… Done!
Take a look on your phone by typing in: http://demo.fittlebug.com
On the Administration Side of FittleBug…
We have redesigned the scheduling layout for even better consumer usability and allowing the calendar to load even faster… DONE!
We now have the ability to Create and then Hide Categories/Subcategories… Why you say… Now you can create Promotions tied to saved quotes and hidden items. For Example, by creating a subcategory called: “Promo:Upholstery-Free Deodorizer” , you can hide this from all consumers viewing , yet just give the Promo code to those you want. They will see the Free promotion when they put in the Promo Code… Done!
We know that it costs you more money to travel to the perimeter of your service area than it does to go around the block, so we built into the zip code functionality the ability to add a travel charge to every zip code you desire, and have that charge spread out over the items that the consumer chooses to have you clean. For example – If you offer a package that is normally $199 and you want a travel charge of $20 added to zip code 12345, then FittleBug would display it as $219 for that zip code. If they chose additional items the cost would be spread out over the items reducing the cost of each items with every item they choose, but NEVER charging more than the $20 travel charge, and NEVER displayed as a Travel Charge. This hidden approach is an optional feature and of no additional cost to you. Take a look…
We call if S.A.F.E., and it stands for Safe A Friend Effort. With one click of their mouse they can tell their friends, family, and anyone they communicate with online about the great values of your company. They earn credit values, determined by you, that are automatically applied to their next online booking when their referred friends become clients of your company. They can choose to tell them through Email, Facebook,Twitter, LinkedIn or Google +. Click here to see a demo .
Once a booking takes place two emails go out. 1.) A confirmation containing the time, date and specific requested services. 2.) A 100% customized intro email message from the servicing company. Take a look at two examples:
You can create unlimited promotions with unique codes that provide values based on percentage, amounts, or packages. Also, easily manage your “Deal of the Day” clients within FittleBug. Just plug in the codes and consumers to book online… see how in this short video.
With the latest version of FittleBug consumers can book you online and NOW all the information flows immediately into your ServiceMonster software. Don’t worry about having to update both calendars. If you need to change the time or date of an appointment in ServiceMonster, it automatically updates your online calendar of availability to the consumers on FittleBug. If you don’t have or need Service Monster, just keep track of your appointments with the FittleBug calendar. Take a look…
Because each business is truly unique, we designed it with 100% customization. Choose a category like Upholstery; choose the services that you apply to Upholstery like clean and deodorize. Put in a price, put in how long it takes, click active and you’re in business. Watch a 2:00 video how…
FittleBug is a tool, it’s not a science of measurement or consumer philosophy.
I have observed, for the last 6 years, Carpet Cleaning companies try and figure out how to offer square foot pricing utilizing on-line booking tools. Stop! On-line offering is a different animal all together. Don’t believe me… call 1 (800) 864-8331, the United Airlines reservation number. Oh I’m sorry, you didn’t know that they still had one? My Bad! Yes they have one and someone will eventually answer it. I know what you’re thinking and you are correct – It’s much easier to just go online and do it yourself. But isn’t that terribly impersonal? Doesn’t everyone want to ask questions of their local carpet cleaner? I mean there is so much that the carpet cleaner has to say to the consumer.
REALITY – There is a market that wants to ask a lot of questions, so if you concentrate solely on that market, be prepared to spend lots of time answering questions or paying someone to answer questions. Instead, more and more people are discovering that consumers aren’t stupid ( caveat – in general). When they want their carpets, upholstery or tile cleaned, they know approximately the size and whether they just want it cleaned or they want it cleaned, deodorized and/or protected.
If you are offering a tool like FittleBug or any other tool that schedules and/or books your time online – KEEP it SIMPLE. Don’t confuse the online public with some complicated approach to measuring exactly, down to the square foot the measurement of each room. Don’t EVER make them get up from that chair in front of the computer they are about to give you money from and go measure ANYTHING! If they have to get up the odds that they will finish booking just went down dramatically. It probably similar to talking yourself right out of a sales on the phone… TMI.
Instead – Have good quality terms and conditions that state that a walk through will be performed to insure the accuracy of the online order. I just might be that they booked to large and you can tell them that it wont cost a much as the original order. i.e. Client for Life! Maybe you have to do the same thing as when they call in and give you inaccurate measurements… adjust! The bottom line – give them options, but not to many that they have to many choices. People get confused easily both online and off with to many options.
I guess what I’m saying is use the KISS method. Keep it Simple Stupid yet empowering enough to allow them the ease of completion. Also, remember that if you are building a business to hand down to the kids or sell to a stranger, they are going to want to see a list of your clients. With any analysis at all they are going to figure out if your client base is about to die or grow. Market to Millennials – they built the Internet, know how to use it and more than often choose it as their method of choice when securing services like yours.
BusinessBridge Inc., “Maker of FittleBug Real-Time Scheduling” has been chosen to compete among other technology companies in the up-coming TechWeek/Chicago on Thursday 6/26.
Techweek is a seven-day conference, expo and festival where entrepreneurs, tech visionaries and thought leaders meet to enable the innovation ecosystem in the cities of Chicago, Detroit, Los Angeles, Miami and New York. Techweek curates compelling programming that allows a global spotlight to shine on each ecosystem and its leaders. Past speakers include Rahm Emanuel (Mayor, Chicago), Travis Kalanick (CEO, Uber), Craig Newmark (Founder, Craigslist), Barney Harford (CEO, Orbitz), Dan Gilbert (Founder, Quicken Loans), Peter Diamandis (Founder, X PRIZE) and Pitbull (World renowned musician). The Techweek expo has gathered more than 200 sponsors, including companies such as Google, Groupon, Microsoft, Motorola, Redbox, Uber and WordPress. The after-parties at Techweek have become famous for events like the Bootlegger’s Ball, attracting sports teams such as Stanley Cup Champions the Chicago Blackhawks and for hosting entertainers like Calvin Harris.
When your company needs an edge, these options are the answer.
A solution? Making sure your website has an online scheduling tool that gives your customers the ability to make their own appointments. Convenience like this means you won’t miss those valuable jobs that often go to the first company to answer the telephone.
Steve Mastio of BusinessBridge Inc., which operates the “FittleBug” online scheduling tool, believes in “empowering” the customer so they are in control.
Steve Mastio, a 51-year-old entrepreneaur who owns Business Clean Inc., is seeking investment from a crowdfunding website to launch a new web-based business.
St. Charles Patch originally featured Mastio’s project, FittleBug, in August. FittleBug is a tool developed by Mastio for booking everyday services online. Once a business is set up with FittleBug, customers can use it any time of the day to schedule a service exactly when they want it done. Mastio said it eliminates the need to wait in line or track down an employee over the phone.
Jeff Cross, Sr. Editor of CleanFax Magazine writes about Software that can assist carpet cleaners with running their business and the importance of staying up to date. Mentions BusinessBridge and FittleBug Real-Time Scheduling as a leading technology for online scheduling.
FittleBug is a Real-Time Scheduling tool that allows businesses to be able to marketing themselves and their services 24 hours a day and book consumers service request around the clock, much like hotel booking or airline scheduling. It’s a One-Click Social media referral tracking tool. Consumers can Book you and Be Done in one session. No more telephone tag or email tag. Here’s how one client puts it:
Prospective clients are always asking me how FittleBug is different than other software on the market. My answer is always it’s real-time, but I’m not really sure that they know what that means. Real-Time means “Your Time”, not when they want you to be free and available for service, but when you actually ARE available. Down to the minute availability. There is certainly a lot more to FittleBug than Real-Time, but let’s leave the instant social media marketing and automated marketing features out of this message. I want to talk about why it’s relevant to offer real-time chooses to your market.
Who’s your market? Over 80% of the decision to secure a carpet cleaner are made by woman; and if it’s man behind that reaches out, the decision was probably still decided by a woman! Lol It’s not the 50’s anymore… woman work at least 50% of the labor force today. Do you think that they are busy people? You bet they are! It’s been said that the second most important thing to a woman, behind their family, is time.
So how is FittleBug (FB) helping woman’s time differently than other programs on the market? FB was designed to allow you to customize the time it takes to do each and everything that you do down to the minute. It empowers her to easily choose “exactly” what she wants you to do, see down-to-the-minute how long you’ll be in her house and complete the task all without ever having to pick up a phone, fill out a form or send an email inquiry. Most programs just allow you to Package items together as an option or individual items only to allow blocks of time. It would be like comparing flights times from Chicago to Milwaukee (about 60 miles) with Chicago to San Francisco (about 2,100 miles). If given the same amount of time to get the passengers to the destination, there would be plenty of *%#@$ed off people once they landed in San Francisco. Minutes matter to busy people, minutes add up and minutes mean money to a service provider. Having the ability for consumers to NOT HAVE TO sit around and wait all AM or PM, or even for 2 or 3 hour slots is empowering everyone. Watch a quick video on the subject.
People get online to complete things – NOT to continue them. FittleBug empowers both ends of the value chain. It empowers both the consumer and the service provider with real-time savings and instant automated marketing. Drop us a line or check out more information at www.businessbridge.com .
Merry Christmas and Happy Holidays!
Maker of FittleBug
Today in the United States there are about 13,000 travel retail locations, down from a peak of 34,000 in the mid-1990s.
It was thought that there would always be a need for travel agents when traveling, but along came Expedia, Orbitz, Priceline and others. Not to mentions that people miraculously figured our how to pump there own gas, book their own hotels, make their own stock trades, even reserve their own golf tee times. Do you really think they won’t figure out that they can book their own carpet cleaning. A recent article I read suggested that in the year 2020 about 30% of ALL doctors appointments will be made online with no need for human relations. Why? It cheaper and easier for everyone to do.
Do you think that the doctor booking tools will be in real-time? Ah, I think so!
The intent of this blog is not to scare you away from your present off-line marketing methods, but more to make you aware of what is inevitably coming and sooner than you think. Why do I know this to be a fact? Because FittleBug’s first client proves it. Let’s call him Bill. Bill has had FittleBug for about 4 years now and looking backwards over that 4 year period I can tell you that 50% of ALL of Bill’s carpet cleaning jobs were generated online and the other 50% were called in. It took just FOURshort years to reach 50% online bookings. I can also tell you that he booked about 1.5 bookings per day, and that includes Saturdays and Sundays.
Not having on on-line option for those that chose this method is like handing business over to your competitors. Today all consumers have to do is a Google search to find you and your competition in the same aggregating results. The only question is… are you going to let them finish the task of booking carpet cleaning when they started the search or take the chance that they really do like telephone and email tag?
First – I am not trying to be sexist or plagiaristic… I just thought that the saying “That’s what she said” said it ALL! Carpet Cleaners hire traditionally a woman to answer the phone when they are busy cleaning carpets. They need someone to tell the prospects everything that they do, tell them when they might be free, tell them the costs, educate the client, ask for the order, record the order in some program, inform the carpet cleaner there was an order, and on and on and on.
She expects to be paid for her time. What does she cost? Do you have to provide Health Insurance? What about periodic raises, sick days, and vacation time? She could tend to get pretty expensive! The Carpet Cleaning industry has options to pay others (ie. sub that requirement out) for a pretty hefty cost; but no one will train people on your needs like you. Unfortunately, the one prominent out-source option decided that it wasn’t working and closed their doors. So now what do you do?
Here’s a thought – Show Them What She Said! With FittleBug “Real-Time” Scheduling you can do all of the things mentioned above and MORE, all for just $200 a month, and guess what – They don’t even have to call! Other service sectors have already been or started to “educate” the consumer that they are empowered to schedule themselves. The airlines, hotel, salons, etc. Consumers pump there own gas, make their own trades, shop for groceries on their own time, even schedule doctor appointments. As Cher said in the movie Moonstuck… “Snap out of it!” $200 is a steal to do the things that people used to do. Did I mentioned that FittleBug also “Markets” for you while your cleaning. All you have to do is tell people that they can do it themselves and guess what – A LOT Want To!
FittleBug is the premier consumer scheduling tool for Carpet Cleaners and others to empower time – both consumer and provider. Click here to see what it did for John in San Francisco, review the program and call for a demo before you start losing opportunity to that snot nosed computer geek that decided to start a carpet cleaning business. The internet is the great equalizer.
This Licensing and Services Agreement (“Agreement”) is entered into on , (“Commencement Date”) by and between AGS Acquisition Corp., an Illinois corporation (“AGS”), and , a(n) corporation (“Client”).
Whereas, AGS developed an internet model branded as “FittleBug” that facilitates the relationship and scheduling between consumers and service providers (the “Model”)
Whereas, AGS offers to customers limited licenses to use the Model. In all instances the Model must reside on AGS designated servers.
Whereas, AGS customers electing to license the Model will maintain and utilize their own internet domain name and web presence which will link to their respective Models.
Whereas, Client seeks to operate an independent service business utilizing the Model
Whereas, AGS agrees to grant Client a limited license to utilize the Model and agrees to provide certain implementation, training, and web hosting services to Client, and Client seeks to retain said license and services from AGS, in accordance with the terms and conditions set forth in this Agreement.
Therefore, in consideration of the covenants and conditions set forth herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, AGS and Client agree as follows:
Recital. The above recitals are incorporated by reference and made a part of this Agreement.
Model Ownership. AGS, or third party-licensors, own and retain all rights, title and interest (including all copyrights, trademarks, patents, trade secret rights, and other intellectual property rights) in and to all aspects of the Model. Client’s access to and/or use of all or any aspect of the Model does not transfer to Client any title to the intellectual property in the Model, and Client will not acquire any rights to use any aspect of Model except as expressly set forth in this Agreement. Client shall retain in the same form as provided by AGS, all copyright, trademark and other proprietary notices contained in any aspect of the Model. Client may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute, or otherwise use any aspect of the Model except as expressly provided in this Agreement.
Limited License Granted Client.
Subject to: (i) Client’s payment of the fees described below; and (ii) the other terms and conditions of this Agreement, AGS hereby grants Client, and Client accepts, a limited, non-transferable, non-exclusive, terminable, license to use the Model in connection with the operation of its independent service business, subject to the terms and conditions of this Agreement (“Limited License”). The Limited License includes any updates, enhancements, modifications, revisions, additions, replacements or conversions of the Model. The Limited License allows Client to utilize the Model in connection with the operation of Client’s individual service business (“Client Business Model”), subject to the terms and conditions of this Agreement. Client represents and warrants each shareholder, officer, director, employee, agent, representative and other person utilizing the Model pursuant to the Limited License (“Authorized User”) shall abide by the terms and conditions of this Agreement and shall be subject to all limitations and obligations of Client under this Agreement. Client is liable for any breach of this Agreement by an Authorized User.
Prohibited Uses. Without expanding the scope of the Limited License, Client may not without AGS’s prior written consent:
Use the Model except as expressly permitted herein;
Lease, loan, sub-license, or resell the Model;
Transfer or assign any of the rights granted to Client under this Agreement;
Duplicate, reverse engineer, decompile, or disassemble any aspect of Model;
Modify or create derivative works based in whole or in part on any aspect of Model;
Remove any proprietary notices appearing on any aspect of the Model;
Interfere with or disrupt networks connected to any aspect of the Model;
Attempt to gain unauthorized access to any aspect of the Model, or the computer systems and networks connected to the same;
Interfere with any other persons’ use and enjoyment of any aspect of the Model;
Utilize the Model in any way that is unlawful, harmful, threatening, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
Upload any information regarding another person without being authorized by that person;
Upload content, data, or information that contains a virus, corrupted file, or other harmful component;
Impersonate any person or entity, including but not limited to AGS personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any content, data, or information under a fictitious name; or
Intentionally or unintentionally violate, encourage or assist another to violate any ordinance, statute, regulation, rule, or law in connection with Client’s use of the Model.
User ID and Password. AGS will provide Client with a unique user identification and password allowing Client to access the Client Business Model (“User ID and Password”) administrative functionality. Client is responsible for ensuring the confidentiality of the User ID and Password, and for all activities that occur under the User ID and Password. In the event Client forgets the User ID and Password, Client may contact AGS at 630-444-2000 and/or email@example.com, or such other phone number and/or email address hereafter provided to Client by AGS.
Client access to the Client Business Model. Client understands and acknowledges the Client Business Model is available only through the worldwide web through AGS. Client is solely responsible for acquiring and maintaining the hardware, software, internet access, and any other equipment, and services of any kind necessary to access and utilize the Client Business Model, and for all associated fees, costs, and expenses. If the Model is lost or damaged, AGS will provide a replacement copy at no additional charge.
Changes in the Model. AGS may in its sole and absolute discretion change, modify, alter, enhance, or discontinue any aspect of the Client Business Model at any time without notice. Client’s sole remedy in the event Client is dissatisfied with any such change, modification, alteration, enhancement, or discontinuance of any aspect of the Client Business Model is to terminate this Agreement in accordance with Section 10.c. below. Under no circumstances shall Client be entitled to a refund of any fees or other amounts paid AGS in accordance with this Agreement.
AGS Services. In addition to the Limited License granted hereunder, AGS shall provide Client certain implementation, training, and hosting services defined in this Section 8.
Hosting Services Defined. AGS agrees to: (a) host the Client Business Model and related web pages on its server (“AGS Server”); and (b) back up the Client Business Model nightly while this Agreement remains in effect (collectively “Hosting Services”). Client acknowledges the AGS Server is provided to Client on a non-exclusive basis.
Access Not Guaranteed. While the AGS Server will generally be available and operational twenty-four (24) hours a day, seven (7) days a week, Client acknowledges AGS makes no representations or guarantees regarding the operation and availability of the Hosting Services. Without limiting the foregoing, the Hosting Services may not be operational or available, and may fail or be interrupted do to scheduled maintenance, repairs, upgrades, security breaches, interruption of telecommunication or digital transmission links, Internet failures, and other causes not anticipated by AGS and/or beyond AGS’s control.
iii. Warranty Disclaimer. Client understands and agrees the Hosting Services are provided on an “as-is,” “as-available” basis without any warranties to the maximum extent possible pursuant to applicable law. AGS disclaims all warranties, express, implied, or statutory, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing provisions, AGS makes no warranty that the Hosting Services will be error-free or free from interruptions or other failures or that the Hosting Services will meet client’s requirements.
Upgrades. AGS reserves the right, but shall have no obligation, to upgrade or substitute the AGS Server and take other actions with regard to the AGS Server it reasonably believes are necessary or in the best interest of AGS’s business.
Limited Services. AGS is responsible only for providing the Hosting Services defined in Section 8.a.i. above. AGS shall not provide any equipment, supplies, materials, or services not specifically identified as Hosting Services in Section 8.b.i. Whether specific equipment, supplies, materials, or services are included within the definition of Hosting Services shall be determined by the AGS in its sole and absolute discretion.
Implementation & Training Services. Upon receipt of a signed Agreement and the initial License and Hosting Fee payment, AGS will forward to Client the necessary documents to assist in the gathering and submitting of the appropriate Client data for input into the Client Business Model. Upon the receipt of all necessary data, AGS will prepare the Client Business Model to be available for productive use within two business days. AGS will provide initial training on administration of the Client Business Model not to exceed a total of three hours. AGS will provide reasonable additional training assistance via phone, email or webinar through the first year of this Agreement.
Additional Services. Upon Client’s request and AGS’s acceptance, AGS may provide other services separate from and in addition to the Implementation, Training, and Hosting Services described above (“Additional Services”). AGS may from time to time make available to Client generic marketing materials to assist in the marketing of their model.
Fees and Taxes.
Introductory Monthly License and Hosting Fee. AGS offer two types of contracts – Plan “A” and Plan “B”.
Under Plan “A” – Client shall pay AGS a non-refundable $200 per month for unlimited number of transactions, plus a one (1) time non-refundable set up fee of $200. Payment will be made automatically from Clients provided credit card at the time of License on the same day each month until canceled. Once monthly payment is paid, AGS provides no refunds for the month of service. Client will be responsible for the set up and cost of the necessary PayPal PRO or Advanced, Stripe or any other account to work with the Plan “A” model of FittleBug. The License and Hosting Fee for the second and subsequent years shall be subject to AGS’s then current pricing. Client shall make all payments to AGS’s chosen electronic payment account or by such other method as AGS communicates to Client in writing.
Under Plan “B” Client shall pay AGS a non-refundable $50 per month, a one (1) time non-refundable set up fee of $200, and 15% of each total revenue including any relevant taxes for each transaction processed through FittleBug. Client will NOT be responsible for the set up and cost of the necessary PayPal PRO account to work with the Plan “B” model of FittleBug. The License and Hosting Fee for the second and subsequent months shall be subject to AGS’s then current pricing. The Client may switch between Plan A and B for a one time $100 transfer fee per occurrence.
Fees for Additional Services. In the event Client requests and AGS agrees to provide, any Additional Services, Client shall pay AGS an additional fee based on the time spent by AGS in furtherance of the Additional Services at AGS’s hourly rate of One Hundred Ten and No/100 Dollars ($110.00) per hour. AGS will submit a monthly invoice to Client for hourly fees and expenses currently due in connection with the Additional Services, and Client shall pay the balance due within ten (10) days of the date of said invoice.
Failure to Pay Fees. In the event Client fails to make timely payment of any amounts due AGS under this Agreement, Client shall reimburse AGS for all expenses including, but not limited to, legal fees incurred in connection with any action (regardless of whether a formal complaint is filed) pursued by AGS to recover amounts due from Client.
Taxes. Client shall pay or reimburse AGS for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by AGS under this Agreement; excluding, however, income taxes on profits which may be levied against AGS.
Added Functionality. During the Term of this Agreement, in the event AGS develops or otherwise acquires additional functionality and/or options which enhance the Model (“Model Addition”), AGS shall, in each instance, notify Client of the Model Addition and the cost associated with licensing and adding the Model Addition to the Client Business Model (“Addition Cost”). If Client chooses to license and incorporate any Model Addition to the Client Business Model, the Prorated cost of the remaining Hosting and License Fee will be increased by the Additional Cost following implementation of the Model Addition and through the end of the Agreement Term.
Term and Termination.
a. Term. The term of this Agreement shall commence on the Commencement Dated stated above and shall continue for one (1) year(“Term”) unless terminated prior thereto, or extended, in accordance with this Section 10. b. Early Termination by AGS. AGS may terminate this Agreement at any time and for any reason or no reason by providing written notice of termination to Client and refunding a pro rata portion of the License and Hosting Fee for any period paid by Client but not yet completed as of the date of termination. AGS shall have no other obligation to Client if AGS terminates this Agreement under this provision prior to the end of Term. AGS may also terminate this Agreement without any liability at anytime by giving written notice to Client in the event Client breaches any of the representations, warranties, or provisions contained in this Agreement.
c. Early Termination by Client. Client may terminate this Agreement on thirty (30) days written notice to AGS in the event of a breach of any provision of this Agreement by AGS, provided that, during the thirty (30) day notice period, AGS fails to cure such breach.
Extension of Term. Unless either party notifies the other of it’s intent to terminate the Agreement in writing at least thirty (30) days prior to the expiration of the current Term, the Agreement will automatically be extended for an additional one (1) year period and Client shall pay to AGS the then current annual License and Hosting Fee.
Effect of Termination. Upon expiration or termination of this Agreement, Client’s License and access to the Client Business Model shall end. Except for information AGS may retain for its own internal uses Client acknowledges that all other information and data related to Client, and Client’s customers, contractors, vendors, and prospects, if any, cannot be saved outside of the Client Business Model or transferred from the Client Business Model and is usually destroyed upon termination of this Agreement. AGS is not liable for any losses or
damages suffered by Client as a result of the destruction or loss of such information or data. Expiration or termination of this Agreement shall not relieve Client of Client’s obligation to pay fees due under this Agreement. Nothing herein shall be construed as obligating AGS to destroy or return any information it may possess regarding Client, and Client’s customers, contractors, vendors, and prospects.
Client Responsibility. Other than the Hosting Services specified in paragraph 8.b.i., Client assumes sole responsibility for everything necessary or required for the proper and secure functioning of the Client Business Model. Without limiting the foregoing, Client assumes sole responsibility for: (a) the administration, marketing, and operations of Client’s service business; (b) the accuracy of the contents contained on, and the proper use of, the Client Business Model; (c) ensuring the contents of the Client Business Model do not infringe on or violate any applicable statute, ordinance, law, regulation or the rights of any third party; and (d) providing all data transmitted to, gathered by, or related to the Client Business Model. Client shall not place or cause to be placed on the AGS Server content which violates any applicable law or regulation or any proprietary, contract, privacy or other third party right, or which may expose AGS to civil or criminal liability. AGS reserves the right to exclude or remove any content from the AGS Server and the Client Business Model if AGS determines, in its sole and absolute discretion, said content may violate any law, violate or infringe any third party right, potentially expose AGS to civil or criminal liability, or is otherwise deemed inappropriate.
Limitation of liability. Client understands and agrees that under no circumstances, shall AGS, or any of its directors, officers, employees, suppliers, agents, and other representatives be liable for any direct or indirect losses or damages arising out of or in connection with this Agreement; the Hosting Services; the Set Up Services; the Training Services; the Client Business Model; third parties accessing or using the Client Business Model; the actions or inactions of Client or AGS; the interruption or failure of the AGS Server; or any security breach. This is a comprehensive release of liability that applies to all losses and damages of any kind, including, without limitation, direct, indirect, general, special, incidental, consequential, exemplary, statutory, contractual, or damages or losses of any other kind or type. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis and even if AGS knew or should have known of the possibility of such damages. The foregoing provisions shall be enforceable to the maximum extent permitted by law.
Waiver of claims. Client hereby waives any and all claims, demands, actions, or causes of action of any kind Client may have directly or indirectly against AGS or its affiliates, or any of their respective managers, directors, officers, members, shareholders, employees, contractors, agents or other representatives resulting from, arising out of, or in anyway connected with or related to this Agreement, the Hosting Services; the Set Up Services; the Training Services; the Client Business Model; third parties accessing or using the Client Business Model; the actions or inactions of Client or AGS; the interruption or failure of the AGS Server; or any security breach.
Indemnification and Insurance. Client agrees to defend, indemnify, and hold harmless AGS and its directors, officers, employees, suppliers, agents, and other representatives against any and all claims, demands, actions, causes of action, losses, damages and expenses (including reasonable attorneys’ fees and costs incurred in defending such claims), directly or indirectly resulting from, arising out of, or in any way related to this Agreement; the Hosting Services; the Set Up Services; the Training Services; the Client Business Model; third parties accessing or using the Client Business Model; the actions or inactions of Client or AGS; the interruption or failure of the AGS Server; or any security breach. Client shall carry and maintain insurance sufficient to cover its obligations under this indemnification provision and elsewhere in this Agreement, and shall provide evidence of said insurance upon AGS’s request.
Relationship of the parties. AGS and Client are, and will act as, independent contractors. Nothing in this Agreement is intended to or shall be construed to constitute an agency, joint venture, partnership, or fiduciary relationship between the parties; and neither party shall have the right or authority or shall hold itself out as having the right or authority to bind the other party.
Ownership. All trademarks, service marks, trade names, logos or other words or symbols identifying the Model or AGS’s business (the “Marks”) are and will remain the exclusive property of AGS or its licensors, whether or not specifically recognized or perfected under local law. Client will not take any action that jeopardizes AGS’s or its licensors’ proprietary rights or acquires any right in the Marks, except the limited use rights specified in Section 16(b). Client will not register, directly or indirectly, any trademark, service mark, trade name, copyright, company name or other proprietary or commercial right that is identical or confusingly similar to the Marks. Upon AGS’s request, Client will execute the instruments that may be appropriate to register, maintain or renew the registration of the Marks in AGS’s or its licensors’ name.
Use. Client will use the Marks exclusively to advertise and promote the Model. All advertisements and promotional materials will (i) clearly identify AGS or its licensors as the owner of the Marks, and (ii) conform to AGS’s then-current trademark and logo guidelines. Before publishing or disseminating any advertisement or promotional materials bearing a Mark, Client will deliver a sample of the advertisement or promotional materials to AGS for prior approval. If AGS notifies Client that the use of the Mark is inappropriate, Client will not publish or otherwise disseminate the advertisement or promotional materials until they have been modified to AGS’s satisfaction.
Client Information and Data. During the course of this Agreement, AGS shall have access to and possess information and data regarding Client, Authorized Users, and third parties (“Authorized User Information and Data”). To the extent Client possesses a proprietary interest in Authorized User Information and Data, Client hereby grants AGS a non-exclusive, perpetual, worldwide, royalty free, license to utilize in any manner and for any purpose any and all Authorized User Information and Data.
Legal Compliance. Client shall at all times comply with all applicable local, state, and federal statutes, ordinances, regulations, rules, and other laws of any kind.
Client compliance with the CAN-SPAM Act (15 USC 7701-7713). Without limiting Client’s obligations under paragraph 18, all e-mail sent or initiated by Client in any way related to the Client Business Model and/or this Agreement shall comply with the requirements of 15 USC 7701-7713 (“CAN-SPAM Act”). Without limiting the foregoing, Client shall not send any e-mails after being notified by AGS or the email recipient that the recipient requested not to receive any future e-mail from AGS or Client.
Drafting and construction. No inference or presumption shall arise against or in favor of either Party because it did or did not draft this Agreement or any provision hereof.
Survival. The parties agree that paragraphs 2, 9.d, 10-14, 16, 17, and 21-27 shall survive the termination of this Agreement.
Waiver. If one party agrees to waive its right to enforce any term of this Agreement, it does not waive its right to enforce such term, or any or all other terms, of this Agreement at any other time.
Governing Law and Choice of Forum. This Agreement was entered into in the State of Illinois, and shall be governed by and construed in accordance with Illinois law. Any claim or dispute
related to or arising out of this Agreement shall reside in the courts of the State of Illinois, and in particular in either the Kane County Circuit Court or the U.S. District Court for the Northern District of Illinois.
Severability. If any provision of this Agreement is invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of any other provision of this Agreement. In addition, the parties agree that as to any provision found to be invalid or unenforceable, the same shall not be void, but shall be reformed and enforced to the
maximum extent permissible under applicable law, as if originally executed in that form by the parties.
Amendments. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by AGS and Client.
Entire Agreement. This Agreement constitutes the entire agreement between Client and AGS and there are no representations, understandings or agreements which are not fully expressed in this Agreement. All prior agreements, verbal or written, are of no effect once this Agreement is executed.
Acknowledgement. The undersigned hereby represent and acknowledge they have read the foregoing Agreement, they know its contents, and they are executing this Agreement as a free and voluntary act and on behalf of the named parties. The undersigned further represent they are duly authorized to execute this document on behalf of the named parties.
While visiting a friend out of town he handed me a flyer he received in the mail from his local carpet guy, and shared the following thoughts about it. What is this? Are they really asking me to market their company with the chance that I might get $20. He went on, being a small business owner himself, to tell me that there were so many things wrong with this solicitation that it would require another cup of coffee. So I obliged. What I haven’t told you is my friend has been in the creative direct mail business for about 30 years, but I digress… “Let’s start here” he said. What does this kid have to do with carpet cleaning? Is the company desperate for business?
Here’s the front page of a tri-fold small postcard type that he received…
The reality is that it is not so much the fact that it is a bad “looking” card, it’s more about the content and request. I know that the stamp cost .31 cents, just not sure of the postage and creative costs. Speaking of creative…
Does anyone see an issue with the purple dots? Do they have to be so big to cover the verbiage? (I suppose it’s personal preference); but then there’s the next page…
OK – I need more room for this section! So go ahead and save this until you “physically see” your friends, family, or I guess any ol’ stranger” and tell them how much you love this carpet cleaning company and give them a chance to get the equivalent of about a half a carpeted room cleaned. Just write your name on the two coupons provided and give it to them.
It’s that easy!!! Then if we are presented any of these cards with your name on them after we might clean someone, we will send you a $20 off certificate in the mail.(more carpet cleaning costs). So go ahead and spread the gospel of our company. Hit the pavement and let us know if you need more than the two coupons provided – we’ll send you more! (I swear it says that on this solicitation).
I am ALL FOR referrals, BUT… to ask your clients to go to such perceived personal extremes and not to mention company costs seems at best non-realistic; at least it did to my friend – the client of the carpet cleaning company. I must concur.
Take a look at the 20th Century approach to referrals…
To learn more about the power of streamlining the referral process for a fraction of the cost shown above, and how to empower clients to book you in REAL-TIME, based on YOUR TIME, ANYTIME… click here.