These terms govern the use of thawpointco.com and the services provided by Thawpoint LLC. By using this website or engaging our services, you agree to them.
Services
Thawpoint LLC provides marketing and lead generation services to residential contractors, including lead capture and response automation, past-customer reactivation campaigns, Google Business Profile management, review generation, landing page development, and photography and video production. Services are delivered remotely and on site in New Jersey. The specific scope of any engagement is set out in a written service agreement.
Age restriction and eligibility
You must be at least 18 years of age to use this website, to submit a form on it, to consent to receive text messages from us, or to enter into a service agreement with Thawpoint LLC.
By submitting a form, opting in to our SMS program, or engaging our services, you represent that you are 18 or older and that you have the authority to enter into these terms on behalf of yourself or the business you represent.
Our services are directed at businesses and their owners. This website and our SMS program are not intended for and are not directed at anyone under 18, and we do not knowingly collect personal information from anyone under that age. If we learn that we have collected information from a person under 18, we will delete it. If you believe a minor has provided us with information, contact us at adam@thawpointco.com and we will remove it promptly.
SMS messaging terms
These terms apply to the Thawpoint SMS program.
- Program. Thawpoint sends text messages to business owners who have requested a lead audit or otherwise inquired through our website and have given consent. Messages relate to scheduling, confirming, and following up on that request.
- Eligibility. You must be 18 or older to subscribe to the Thawpoint SMS program.
- Consent is optional. Consent to receive text messages is not a condition of purchase and is not required to submit our form or to work with us. The consent checkbox is unchecked by default.
- Message frequency. Message frequency varies.
- Cost. Message and data rates may apply. Thawpoint does not charge for text messages; your mobile carrier's standard rates apply.
- Help. Reply HELP to any message for assistance, or email adam@thawpointco.com, or call +1 (973)-355-7026.
- Opting out. Reply STOP to any message to stop receiving texts. You will receive one confirmation message and no further messages after that. You can rejoin at any time by submitting the form again.
- Carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and is not guaranteed.
- Privacy. Mobile numbers and SMS consent data are handled as described in our Privacy Policy and are not shared or sold to third parties for marketing or promotional purposes.
The consent language shown on our form reads: “By checking this box, I consent to receive non-marketing text messages from Thawpoint about scheduling and following up on my lead audit request. Message frequency varies, message & data rates may apply. Text HELP for assistance, reply STOP to opt out.”
Billing
The build fee is charged once, at the start of an engagement. Monthly management is billed in advance on the same day each month. Performance fees, where they apply, are invoiced only after the client has received a deposit on a qualifying project. All fees are stated in the written service agreement before work begins. Payments are processed by card or bank transfer.
Refunds
If the response system is not live and answering leads within twenty-one days of kickoff, the build fee is refunded in full. Where a monthly response commitment is missed by more than five percent of leads in a given month, that month's management fee is credited. Refunds are issued to the original payment method.
Cancellation
Engagements carry an initial minimum term stated in the service agreement. After that term, monthly management continues month to month and either party may cancel with thirty days' written notice. On cancellation, all accounts, assets, footage and data remain the property of the client.
Client responsibilities
Delivery depends on the client providing timely access to the accounts and information needed to do the work, returning leads in a reasonable time, and attending scheduled estimates. Where a client supplies contact data for use in a campaign, the client is responsible for having obtained the consent required by applicable law for the communications requested. Thawpoint does not send marketing text messages to lists supplied by clients.
Ownership
Accounts, domains, pages, footage, photographs, leads, and reviews created or managed under an engagement belong to the client. Thawpoint retains ownership of its own templates, processes, and internal tooling. Either party may reference the working relationship publicly unless the service agreement says otherwise.
Acceptable use
You may not use this website or our services to send unlawful, deceptive, harassing, or unsolicited communications, or in any way that violates applicable law including the Telephone Consumer Protection Act and CAN-SPAM.
Disclaimers and limitation of liability
Figures shown on this website are illustrative and drawn from published industry research or modeled examples. They are not projections or guarantees of results for any particular business. Services are provided without warranties beyond those expressly stated in the service agreement. To the extent permitted by law, Thawpoint's total liability arising out of an engagement is limited to the fees paid by the client in the twelve months preceding the claim.
Governing law
These terms are governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. Any dispute will be brought in the state or federal courts located in New Jersey.
Changes
We may update these terms. The effective date at the top of this page reflects the most recent version. Continued use of the website or services after a change constitutes acceptance.
Contact
Thawpoint LLC
New Jersey, United States
adam@thawpointco.com
+1 (973)-355-7026