Fractional CMO

Terms of Service

Effective Date: [03/08/2025]
Last Updated: [03/08/2025]

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your use of the CMO Fractional website at https://cmo-fractional.com/ (the “Website”) and the fractional Chief Marketing Officer services provided by CMO Fractional (“we,” “our,” “us,” or “Company”).

By accessing our Website, requesting a consultation, or engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

These Terms constitute a legally binding agreement between you and CMO Fractional. Please read them carefully before engaging our services.

2. Service Description

2.1 Fractional CMO Services

We provide fractional Chief Marketing Officer services including but not limited to:

  • Marketing strategy development and implementation
  • Market analysis and competitive research
  • Digital marketing channel optimization
  • Product Marketing
  • Marketing Audit
  • Performance Marketing
  • Sales funnel development and conversion optimization
  • Brand positioning and messaging
  • Marketing team training and development
  • Performance tracking and analytics setup
  • International market entry strategies

2.2 Service Delivery Models

Hourly Consulting: Flexible engagement for specific projects or ongoing support
Project-Based Work: Fixed-scope deliverables with defined timelines and outcomes
Retainer Agreements: Ongoing strategic support with monthly commitments
Custom Engagements: Tailored solutions for complex or long-term initiatives

2.3 Service Limitations

Our services are strategic and advisory in nature. We do not:

  • Guarantee specific revenue outcomes or business results
  • Provide legal, financial, or accounting advice
  • Handle direct execution of all marketing activities (unless specifically agreed)
  • Manage paid advertising budgets directly (unless explicitly contracted)

3. Service Agreement and Engagement Process

3.1 Initial Consultation

  • Free 30-minute consultation to discuss your needs and goals
  • Assessment of project scope, timeline, and budget requirements
  • Proposal development with specific deliverables and terms
  • Mutual agreement on engagement structure and expectations

3.2 Service Agreements

All engagements require a signed service agreement that includes:

  • Detailed scope of work and deliverables
  • Timeline and milestone schedules
  • Pricing structure and payment terms
  • Communication protocols and meeting schedules
  • Intellectual property ownership and usage rights

3.3 Minimum Engagement Requirements

  • Hourly Projects: Minimum 10-hour packages for new clients
  • Strategy Projects: Minimum 4-week engagement period
  • Retainer Agreements: Minimum 3-month initial commitment
  • Custom Projects: Terms defined based on scope and complexity

4. Pricing and Payment Terms

4.1 Pricing Structure

Hourly Rate: [Insert Rate] per hour for consulting services
Project Rates: Fixed pricing based on scope and deliverables
Retainer Fees: Monthly fees for ongoing strategic support
Rush Projects: 50% surcharge for expedited delivery (less than 2 weeks notice)

4.2 Payment Terms

  • Invoicing: Net 15 days from invoice date
  • Project Payments: 50% upfront, 50% upon completion
  • Retainer Payments: Monthly payments due in advance
  • Hourly Work: Invoiced monthly with detailed time tracking

4.3 Late Payments

  • Late fee of 1.5% per month on overdue amounts
  • Services may be suspended for accounts more than 30 days overdue
  • Collection costs and legal fees may be added to outstanding balances
  • No refunds for suspended services due to non-payment

4.4 Expense Reimbursement

Client agrees to reimburse pre-approved expenses including:

  • Third-party tools and software subscriptions required for projects
  • Travel expenses for on-site consultations (if applicable)
  • Research and data acquisition costs
  • External contractor fees (with prior approval)

5. Client Responsibilities and Obligations

5.1 Information and Access

Client must provide:

  • Accurate and complete business information
  • Access to necessary systems, data, and team members
  • Timely feedback and approvals on deliverables
  • Clear communication of goals, constraints, and preferences

5.2 Collaboration Requirements

  • Participate in scheduled meetings and calls
  • Respond to requests for information within agreed timeframes
  • Provide necessary internal resources and support
  • Implement agreed-upon recommendations in good faith

5.3 Technical Requirements

  • Provide access to marketing platforms and analytics tools
  • Ensure adequate technical infrastructure for recommended solutions
  • Maintain current backups of all marketing assets and data
  • Comply with platform terms of service for recommended tools

6. Intellectual Property Rights

6.1 Work Product Ownership

  • Custom Strategies: Client owns all custom-developed marketing strategies and plans
  • Implementation Materials: Client receives full rights to materials created specifically for their business
  • Training Content: Client may use training materials for internal purposes only
  • Templates and Frameworks: We retain ownership of proprietary methodologies and frameworks

6.2 Pre-Existing Intellectual Property

  • We retain all rights to our existing methodologies, processes, and frameworks
  • Client retains all rights to their existing business information and materials
  • Third-party tools and platforms remain subject to their respective terms

6.3 Portfolio and Case Study Rights

We reserve the right to:

  • Use project outcomes as case studies (with anonymization if requested)
  • Reference client relationship for marketing purposes (with permission)
  • Include general project details in our portfolio and proposals
  • Client may request confidential treatment of specific project details

7. Confidentiality and Non-Disclosure

7.1 Confidential Information

Both parties agree to maintain confidentiality of:

  • Business strategies, financial information, and proprietary data
  • Customer lists, pricing structures, and competitive intelligence
  • Marketing plans, campaigns, and performance metrics
  • Any information marked as confidential or reasonably considered sensitive

7.2 Confidentiality Period

  • Confidentiality obligations survive termination of services
  • Standard confidentiality period: 3 years from end of engagement
  • Trade secrets and highly sensitive information: indefinite protection
  • Public information and general industry knowledge: excluded from confidentiality

7.3 Permitted Disclosures

Confidential information may be disclosed when:

  • Required by law or court order
  • Necessary for service delivery to approved third parties
  • Information becomes publicly available through no fault of receiving party
  • Written consent is provided by the disclosing party

8. Performance and Results

8.1 Service Standards

We commit to:

  • Deliver services with professional skill and care
  • Meet agreed-upon deadlines and milestones
  • Provide regular progress updates and communication
  • Apply industry best practices and current knowledge

8.2 Results and Outcomes

No Guarantee of Results: Marketing outcomes depend on numerous factors beyond our control including market conditions, competition, economic factors, and client implementation of recommendations.

Performance Metrics: We will work with you to establish realistic KPIs and success metrics, but cannot guarantee specific numerical outcomes.

Best Efforts Standard: All services provided on a “best efforts” basis using professional judgment and industry expertise.

8.3 Client Implementation

Success of marketing strategies depends significantly on:

  • Proper implementation of recommendations
  • Adequate budget allocation for recommended activities
  • Consistent execution over appropriate timeframes
  • Internal team commitment and capability

9. Limitation of Liability

9.1 Liability Limitations

Maximum Liability: Our total liability for any claim shall not exceed the amount paid by Client for services in the 12 months preceding the claim.

Excluded Damages: We shall not be liable for:

  • Indirect, consequential, or punitive damages
  • Lost profits, revenue, or business opportunities
  • Data loss or corruption (except due to gross negligence)
  • Third-party claims arising from client’s use of our recommendations

9.2 Professional Indemnity

We maintain professional indemnity insurance covering our consulting services. Coverage details available upon request.

9.3 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or technical failures.

10. Termination and Cancellation

10.1 Termination Rights

By Client: 30 days written notice for retainer agreements; immediate for hourly projects
By Company: 30 days written notice for material breach or non-payment
Mutual Agreement: Services may be terminated by mutual consent at any time

10.2 Effect of Termination

Upon termination:

  • Client pays for all services performed through termination date
  • We deliver all completed work products and materials
  • Confidentiality obligations continue as specified
  • Both parties return or destroy confidential information as requested

10.3 Refund Policy

  • Completed Work: No refunds for satisfactorily completed deliverables
  • Work in Progress: Pro-rated refunds based on work completed
  • Retainer Fees: Unused portions refundable minus administrative costs
  • Rush Projects: No refunds due to expedited resource allocation

11. Website Usage Terms

11.1 Permitted Use

You may use our Website for:

  • Learning about our services and expertise
  • Contacting us for business inquiries
  • Downloading provided resources and materials
  • Sharing content with proper attribution

11.2 Prohibited Activities

You may not:

  • Use the Website for unlawful purposes
  • Attempt to gain unauthorized access to our systems
  • Copy, reproduce, or redistribute our proprietary content
  • Use automated tools to scrape or harvest Website content
  • Impersonate us or misrepresent your relationship with us

11.3 Content and Materials

  • All Website content is protected by copyright and intellectual property laws
  • You may not use our content for commercial purposes without permission
  • We reserve the right to modify or remove content at any time
  • User-generated content (comments, submissions) may be used by us for business purposes

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, parties agree to:

  • Discuss disputes in good faith through direct communication
  • Attempt mediation through a mutually agreed mediator
  • Allow 60 days for informal resolution attempts
  • Document resolution efforts and outcomes

12.2 Binding Arbitration

If informal resolution fails:

  • Disputes shall be resolved through binding arbitration
  • Arbitration conducted under [Insert Arbitration Rules]
  • Single arbitrator selected by mutual agreement
  • Arbitration location: [Insert Location]

12.3 Governing Law

These Terms shall be governed by the laws of [Insert Jurisdiction] without regard to conflict of law principles.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any signed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations and agreements.

13.2 Modifications

  • Terms may be updated periodically with notice to clients
  • Material changes require 30 days advance notice
  • Continued use of services constitutes acceptance of modified terms
  • Individual service agreements may contain additional specific terms

13.3 Severability

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

13.4 Assignment

  • We may assign these Terms in connection with business transfers
  • Client may not assign without our written consent
  • Terms bind successors and permitted assigns
  • Assignment does not relieve original parties of obligations

13.5 Independent Contractor

We are an independent contractor, not an employee or agent of Client. No partnership, joint venture, or employment relationship is created by these Terms.

14. Contact Information

For questions about these Terms of Service or our services:

Business Address:

  • London, UK
  • Amsterdam, Netherlands
  • Dubai, UAE
  • New York, USA
  • Serbia, Belgrade

Email:[email protected]
Business Hours: 24/7

By using our Website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.