TOURPRO TERMS OF SERVICE AGREEMENT
Between the Business Owner (“Service Provider”) and the Client (“Tour Operator”)
Effective Date: March 10, 2025
Last Updated: March 10, 2025
1. INTRODUCTION
Welcome to CREOTOR’s TourPro Website & Digital Marketing Solutions. By purchasing any of our services, including the TourPro Starter, Growth, or Ultimate Packages, or subscribing to any of our Maintenance Services (Basic, Enhanced, or Premium), you (“Client”) agree to be bound by these Terms and Conditions (“Agreement”).
CREOTOR is not a registered business. This Agreement is legally binding between the individual Service Provider (“Dageian Dobson”) operating under the CREOTOR brand and you, the Client (Tour Operator). The Service Provider reserves the right to modify these Terms at any time with a written email notice. Continued engagement in the Services after such notice constitutes acceptance of the amended Terms.
2. SCOPE OF SERVICES
CREOTOR offers the following services to Tour Operators in Jamaica:
- TourPro Website Packages:
- Starter Package (Essential Website Setup)
- Growth Package (Website + Google Ads + Google Business Profile Setup)
- Ultimate Package (Complete Digital Ecosystem + Advanced Marketing)
- Maintenance Subscription Packages:
- Basic Maintenance Package ($60/month)
- Enhanced Maintenance Package ($110/month)
- Premium Maintenance Package ($130/month)
Some services may require outsourcing certain elements (e.g., website hosting, payment gateways, advertising platforms) to third-party providers to fulfill the project requirements effectively.
3. SERVICE PROVIDER RIGHTS
3.1 Footer Credit
– The Designer retains the right to include a small, unobtrusive credit (“Website designed by CREOTOR”) in the footer of the Client’s website.
3.2 Portfolio Use
– The Designer has the right to showcase the Client’s website in their portfolio, marketing materials, and case studies.
4. CLIENT RESPONSIBILITIES
To ensure a smooth and timely project delivery, the Client agrees to:
✔ Provide necessary branding materials (e.g., logo, color palette, and typography, and relevant brand assets such as images, videos, etc.).
✔ Provide access to the appropriate Google account and social media accounts or permissions to create new accounts on behalf of the client.
✔ Provide all necessary materials (e.g., content, list of tours and transfers, pricing details, domain & hosting, Google/social media account access).
✔ Ensure timely communication and approval of designs, ads, or content to prevent project delays.
✔ Commit to an ad spend budget of $20–$25 per day for a higher chance of digital marketing efforts being successful.
✔ Follow the TourPro System guidelines (for Ultimate Package clients) to qualify for any guarantees.
Failure to provide required assets within 3 business days may result in project timeline extensions or suspension of services.
5. PAYMENT TERMS
5.1 Payment Schedule
✔ $20 Deposit (Secures your package slot) – Non-refundable after 14 days.
✔ 50% First Payment – Due before project commencement. Failure to pay within 2 weeks will result in deposit forfeiture.
✔ 50% Final Payment – Due upon project completion (more specifically, the completion of the website).
For Payment Plans
✔ Total Investment split into 4 Payments – 25% of the total investment must be paid as a down payment to start the project, and then the remaining 75% payments split into 3 and to be paid over the course of 2 – 3 months.
For maintenance packages, payments are charged monthly in advance on a subscription basis until canceled.
5.2 Ad Spend
– The Client hereby agrees to invest a minimum of $20 to $25 US in daily ad spend for 90 days to be considered for the money-back guarantee. The Service Provider reserves the right to spend less than the entirety of the Client’s approved monthly ad budget if he determines it to be in the Client’s best interest according to proven strategies and best practices.
– Also, to be very clear, all ad spending goes directly to the preferred Google and/or social media platform/s that will be running the ad campaign.
5.3 Late Payments
If payment is overdue:
– Work may be suspended until payment is made.
– A 10% late fee per week will apply.
– After 21 days of non-payment, services may be terminated, and deliverables withheld.
6. REFUNDS & CANCELLATIONS
- No refunds on the first payment once work has begun.
- Refunds apply only if the Service Provider fails to complete the project due to unforeseen circumstances and reasons within their control.
- No refunds for maintenance services (subscription fees are non-refundable).
7. GUARANTEE POLICY (Ultimate Package Only)
Clients purchasing the TourPro Ultimate Package are eligible for the Triple Your Bookings in 90 Days Guarantee ONLY if they:
✔ Strictly adhere to the TourPro System exactly (including the required daily ad spend).
✔ Provide accurate booking data before and during the campaign.
✔ Do not interfere with running ads, funnels, or website settings.
If after 90 days of active advertising, the Client does not see 3x more bookings, the Service Provider will:
- Work for an additional 30 days at no cost or until the booking has tripled, whichever comes first.
- If still unsuccessful, issue a refund for the digital marketing services, EXCLUDING ad spend and website creation costs.
7.1 Terms of Guarantee:
– The guarantee is voided if any of the following occur at any time during the term of this agreement, hindering the Service Provider ability to provide best results: The Client requests changes to their ads or funnel after 24 hours of approval; the Client edits, updates, or makes any changes to the Service Provider ads whatsoever; the Client’s profile, page, or ad account is suspended, deactivated, or disabled by platform for longer than 5 days; the Client does not approve our suggested offers according to proven strategies/ best practice; the Client removes us from their ad accounts, pixel, business profile/page, website admin, or revokes any other necessary permissions for the best possible performance of our services; the Client fails to provide requested creative content and/ or customer data within 5 business days of the request; the Client fails to implement suggested changes to their website/sales funnel within 10 business days of the request; the Client fails to respond to account management or campaign related communications through previously established channels within 24 business hours.
– In order to be eligible for the guarantee, the Client must email support@creotor.co to indicate their intention to claim the guarantee no sooner than 10 days and no later than 24 business hours before the end of the term of this agreement.
– The guarantee is automatically voided once the term of this agreement has expired.
8. INDEMNIFICATION:
– The client agrees to indemnify and hold the Designer harmless from any claims, liabilities, damages, and expenses arising out of or in connection with the client’s use of the services provided by the Designer.
9. LIMITATION OF LIABILITY
– The Service Provider is not liable for any indirect, incidental, consequential, or punitive damages arising from the use of the services, regardless of the cause of action.
– The Service Provider is not liable if the Client’s ad account, profile, or business page is disabled, deactivated, or banned by preferred social platforms and/ or other web-based platforms. Additionally, the Service Provider is not responsible for any business losses resulting from changes in ad performance, search engine rankings, or platform suspensions. Also, the Service Provider is liable if that platform does not approve our ads, forces us into the special ads category, or otherwise prevents us from providing service. The Client understands that as the account holder, they are responsible for filing appeals with the preferred platforms under such circumstances as mentioned, under the Service Provider’s guidance and advice. The Service Provider is not responsible for Third-party hosting, payment gateway, or plugin failures.
– The total liability of the Service Provider for any claim under this agreement shall not exceed the total amount paid by the client.
Opt-Out Option:
Clients may opt out of the liability limitation clause by paying a fee of 5 times the original service fee. By exercising this option, the Client waives any limitation on liability.
10. INTELLECTUAL PROPERTY RIGHTS
– The Service Provider has no right and license to use any of the Client’s data, assets, or materials outside the terms of the agreement, and only to the extent necessary to provide the services to the Client.
– The reproduction, distribution, and sale of the Service Provider’s strategies, assets, and materials by anyone but the Service Provider is strictly prohibited. The Client shall not infringe any of the Service Provider‘s copyright, patent, trademark, trade secrets, or other intellectual property rights. All provided materials, assets, strategies, and Confidential Information shared by the Service Provider belong solely and exclusively to the Service Provider, and may only be used by the Client as authorized by the Service Provider.
– All intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, proprietary tools, templates, processes, or strategies related to the CREOTOR TourPro packages system and deliverables shall remain the property of the Service Provider. The Client is granted a non-exclusive, non-transferable license to use the deliverables for its internal business purposes based on the specific package purchased.
– The Service Provider retains the right to reference the Client and use anonymized and aggregated data for marketing and promotional purposes.
11. NON-COMPETE AGREEMENT
The Client agrees not to use any knowledge, strategies, or systems learned from CREOTOR and the Service Provider to create a competing service or train others to replicate the business model for at least 3 years after service completion.
12. EXPLICIT NO-GUARANTEE CLAUSE (Starter & Growth Packages)
Clients who purchase the Starter Package or Growth Package acknowledge that these packages do not include any guarantee of specific results (such as increased bookings or ROI).
While the Service Provider will strive to maximize the return on investment (ROI) for targeted ad campaigns, achieving specific results from advertising efforts cannot be guaranteed. Marketing results are influenced by external factors beyond our control, including competition, platform algorithms, and seasonality.
13. DISPUTE RESOLUTION PROCESS
In the event of a dispute, both parties agree to:
✔ Attempt good faith negotiations for 14 days.
✔ If unresolved, mediation will be conducted by a neutral third party in Jamaica before legal action is taken.
✔ Any legal claims shall be filed exclusively in the courts of Jamaica.
14. CONFIDENTIALITY & DATA USAGE
✔ Both parties agree to confidentiality regarding project-related discussions, strategies, and sensitive data.
✔ The Service Provider may use anonymized project results for marketing purposes (e.g., portfolio, case studies).
✔ Data sharing with third-party service providers (e.g., Google Ads, payment processors) is permitted only as necessary for service delivery.
15. FORCE MAJEURE
The Service Provider is not liable for delays or failures to fulfill obligations due to:
– Natural disasters, pandemics, or government actions.
– Technical disruptions outside their control.
– Changes in advertising or social media policies affecting campaign success.
16. INDEPENDENT CONTRACTOR STATUS
The Service Provider is an independent contractor and not an employee of the Client. This agreement does not establish a partnership, joint venture, or employer-employee relationship.
17. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of Jamaica. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Jamaica.
18. TERMS OF SALE
You, the Client, hereby ratify your understanding that all program sales are final and non-refundable and waive any right to file a chargeback on your authorized payment with your credit card processor.
Upon severance of the relationship between the Service Provider and the Client, each party shall return to the other party all documents and materials tangible and intangible containing, reflecting, incorporating, or based upon the other party’s Confidential Information, and certify their compliance with the requirements of this clause in writing to the other party. All ads, campaigns & intellectual property created by the Service Provider will be deleted from the Client’s ad account under circumstances of non-payment as per the terms of this agreement.
19. ACCEPTANCE OF TERMS
This agreement constitutes the entire understanding between the Service Provider and the Client concerning the subject matter herein and supersedes all prior agreements, understandings, written or oral.
By purchasing any TourPro Package or Maintenance Subscription, you acknowledge that you have read, understood, and agree to these terms.
IMPORTANT: Clicking “Accept” at checkout confirms that you are legally bound by this Agreement.
🔹 Questions? Contact: support@creotor.co
🔹 Ready to Get Started? Click Below to Secure Your Package!👉 [Secure My Spot Now] 🚀