Monthly Fundraising Service – Terms of Service

Effective Date: Immediately upon purchase.

These terms apply to your purchase and use of Sutton & Smart LLC’s Monthly Fundraising Service (“the Service”). By subscribing to or using this Service, you agree to both these Service-specific terms and Sutton & Smart’s general Terms of Service Agreement (“Main TOS”). These Service terms are intended to protect Sutton & Smart and do not supersede the Main TOS; they supplement it. In case of any direct conflict, these Service-specific terms will govern for matters related to the Fundraising Service.

1. Service Description and Scope

The Monthly Fundraising Service provides you with a comprehensive fundraising support package on a month-to-month basis. Included in the Service (as part of the base monthly subscription fee) are:

• Fundraising System Setup: Initial setup and configuration of fundraising systems or tools for your campaign or organization.

• Donor Lists: Access to or provision of donor contact lists relevant to your campaign (as available).

• Fundraising Scripts & Templates: Pre-written scripts, email templates, and other outreach materials to assist in solicitations.

• Compliance Support: Guidance on campaign finance and fundraising compliance requirements (e.g. FEC or state regulations) to help ensure your fundraising efforts adhere to legal standards.

• Virtual Foxhole Assistant: Access to our “Virtual Foxhole Assistant” service/tool for ongoing fundraising support (e.g. an AI or staff assistant to help with fundraising tasks, as applicable).

• Live Coaching (3 Hours/Month): Three (3) hours of live one-on-one coaching or consulting per month with our fundraising experts (via phone or video call) to strategize and improve your fundraising efforts.

Scope: The Service and included features are intended solely for your organization’s fundraising activities during the subscription period. Any additional work or services outside the above scope may require a separate agreement or additional fees (as determined by Sutton & Smart). Sutton & Smart will use its best efforts to support your fundraising, but this Service does not guarantee any particular fundraising outcome or amount (see No Guarantee section below).

2. Fees and Hourly Rates

Monthly Subscription Fee:
You agree to pay a base monthly subscription fee for the Service, as specified at checkout or in your order documentation. This fee covers the features and deliverables outlined herein, including fundraising system setup, donor lists, scripts, compliance support, and access to the Virtual Foxhole Assistant. The monthly subscription fee is charged in advance for each thirty (30) day service period (“Billing Cycle”) and is non-refundable once paid.

Base Hours:
The first three (3) hours of service each month are billed at one hundred dollars ($100) per hour, regardless of use. These hours represent the minimum service level required to maintain active campaign support, system maintenance, and coaching availability. Unused hours do not roll over to future Billing Cycles, and no credit, discount, or refund shall be provided for unused hours.

Additional Hourly Services:
If you require additional hours of service in any given Billing Cycle, those hours will be billed based on total usage within that cycle. The hourly rate shall remain one hundred dollars ($100) per hour unless you upgrade your plan.

Automatic Billing and Overage Charges:
All hourly charges beyond the first three (3) hours will be automatically billed to the payment method on file at the close of each Billing Cycle.

3. Fundraising Commission

No commission is charged under this plan. The fees described above represent the total compensation due for the services provided under this Agreement. However, certain other Sutton & Smart plans or future service arrangements may include a commission or revenue share on funds raised. If you elect to upgrade or transition to such a plan in the future, the applicable commission structure and terms will be clearly disclosed and mutually agreed upon in writing prior to implementation. If a commission-based plan is later adopted or offered, it will not apply retroactively to this Agreement unless expressly agreed to in writing by both parties.

4. Billing Cycle and Payment Terms

Billing Cycle:
The Service operates on a recurring thirty (30) day billing cycle (“Billing Cycle”) beginning on the date of purchase. For example, if you sign up on the 1st of a month, your service period runs through the 30th, and the next billing date will be the 1st of the following month. The base subscription fee is charged in advance on the first day of each Billing Cycle (i.e., at sign-up for the first month, and then on each monthly anniversary thereafter). Any hourly overage fees are typically charged in arrears at the end of each Billing Cycle when the total hours are calculated.

If during your initial thirty (30) day period you exceed ten (10) total service hours or demonstrate unusually high usage volume, Sutton & Smart reserves the right to invoice and process early billing for the hours rendered prior to the close of that first Billing Cycle. This ensures timely compensation for significant early work and helps maintain service continuity.

Payment Method:
All payments will be processed via the payment method you provide at checkout (e.g., credit card via Stripe). By purchasing this Service, you authorize Sutton & Smart LLC (“Company”) to automatically charge your provided payment method for all amounts due under these terms – including the monthly subscription fee and any additional hourly charges. Charges will appear on your account as coming from Sutton & Smart or a related descriptor. You agree to maintain an active, valid payment method and ensure that sufficient funds or credit are available for each charge.

Automatic Billing and Overage Charges:
You authorize Sutton & Smart to automatically charge your payment method without separate authorization for each billing event, as follows:

• The base subscription fee will be charged immediately upon sign-up and on each monthly renewal date thereafter.

• Any hourly overage fees will be charged automatically at the end of the Billing Cycle, or when a new hourly rate tier is reached, whichever occurs first.

• If your first Billing Cycle exceeds twelve (12) total hours before thirty (30) days have elapsed, Sutton & Smart may issue an interim invoice and charge your payment method prior to the end of that initial period.

You will receive itemized invoices or receipts for all charges. If any charge is declined or fails, you agree to provide an alternate payment promptly upon request. Sutton & Smart reserves the right to suspend or terminate Service access for non-payment.

Invoicing:
At the Company’s discretion, an invoice summarizing the month’s services and charges may be provided for record-keeping. However, since the Service uses automated billing, invoices are not required for payment to be considered due. All amounts are payable immediately when billed.

Late Payment:
If payment is not successfully processed when due, Sutton & Smart will notify you and may assess a late fee or interest at the maximum rate allowed by law. Continued non-payment beyond a reasonable grace period may result in suspension or termination of the Service. You agree to pay all costs of collection, including reasonable attorneys’ fees, incurred by Sutton & Smart in recovering overdue amounts.

5. No Refunds; Cancellation Policy

No Refunds:
All fees and charges are final and non-refundable once payment is processed. The monthly subscription fee secures access to the Service for the full thirty (30) day Billing Cycle and is not refundable or prorated for partial use. This includes the monthly subscription fee and any prior hourly or overage charges. Please review the Service description carefully before subscribing. Unused hours within any Billing Cycle do not roll over or qualify for credit toward future services.

Cancel Anytime:
You may cancel your Monthly Fundraising Service subscription at any time, for any reason. Cancellation prevents automatic renewal for the following Billing Cycle. To cancel, you may contact Sutton & Smart LLC (“Company”) in writing, through the Stripe customer portal (if available), or via any designated cancellation method provided at checkout. No early-termination fees apply. Service access will remain active through the date of cancellation, and you will be billed on a pro-rated basis for work performed during that portion of the current Billing Cycle. No refunds will be issued for any previously processed payments.

Pro-Rated Charges Upon Cancellation:
If you cancel before the end of a Billing Cycle, Sutton & Smart will calculate all service hours and deliverables rendered up to the effective date of cancellation and will issue a final pro-rated invoice for those services. The final invoice may include hourly or overage charges accrued prior to cancellation. By purchasing, you authorize Sutton & Smart to process this final payment automatically using the payment method on file.

Obligations Upon Cancellation:
Canceling your subscription stops future billing for the base monthly fee but does not affect fees accrued prior to cancellation. You remain responsible for all charges incurred before the cancellation effective date, including any unbilled hourly charges. Sutton & Smart may process the final billing automatically upon cancellation or, in the event of high-volume early usage, at the time such charges are incurred.

Service Termination by Company:
Sutton & Smart reserves the right to suspend or terminate the Service at any time for cause, including but not limited to non-payment, misuse of donor data, violation of these terms, or unlawful conduct. If the Company terminates the Service without cause, you will be billed only for work performed up to the termination date, and any unused portion of prepaid fees may be refunded at the Company’s discretion. If termination is due to your breach, you remain liable for all outstanding fees, and no refund will be issued.

6. Use of Provided Materials & Intellectual Property

Ownership: All materials, content, and deliverables provided to you as part of the Service – including, but not limited to, donor lists, scripts, training materials, documents, software, and the Virtual Foxhole Assistant and related tools – are intellectual property owned by Sutton & Smart LLC or its licensors. Sutton & Smart retains all ownership rights in these materials. By purchasing the Service, you are granted a limited, non-exclusive, non-transferable license to use the provided materials only for your own internal fundraising purposes in connection with this Service.

Conditional License: This license to use our materials is conditional upon your full payment of all fees and your compliance with these terms. Until payment is made in full, all materials are provided under a conditional license – meaning Sutton & Smart retains ownership and can revoke your right to use the materials if you fail to pay or if you violate the terms. In practical terms, this means:

• If you have an outstanding invoice or charge that is overdue by more than 30 days, or if you improperly charge back a payment, Sutton & Smart may terminate your license to use any materials or work product delivered, and you must cease using them immediately upon notice.

• Ownership of any custom work product or data provided to you will transfer to you only after all amounts owed under this agreement are paid in full. Until then, such work product is licensed, not sold to you.

Restrictions on Use: You may not share, sell, distribute, or repurpose Sutton & Smart’s proprietary materials outside of your organization or beyond the scope of this Service. For example, any donor lists provided are for your campaign’s use only; you must not resell or publicly post these lists, or use them for purposes unrelated to the fundraising campaign for which they were provided. Scripts, templates, and training materials are likewise for your internal use and should not be published or offered to third parties. If software or logins are provided (such as for the Virtual Foxhole Assistant), you must not allow unauthorized persons to access them. All rights not expressly granted to you are reserved by Sutton & Smart.

Confidentiality: Some materials provided (like donor lists or strategy documents) may be confidential in nature. You agree to treat any non-public information we provide about donors, strategies, or compliance guidance as confidential and not disclose it to anyone outside your campaign/team. Sutton & Smart will similarly treat any confidential or sensitive information you provide us (like your donor data or campaign plans) in accordance with our Privacy Policy and confidentiality obligations.

If the Service involves access to any Sutton & Smart proprietary software or platforms, your use of those may be subject to additional license terms or user agreements, which will be provided to you as needed. You agree to abide by any such terms as well.

7. Client Responsibilities and Representations

By using the Service, you agree to the following responsibilities on your part:

• Accurate Information: You will provide Sutton & Smart with accurate information about your organization and fundraising campaign as needed for us to deliver the Service (for example, details about your campaign goals, past fundraising, donor profiles, etc.). You represent that any information you provide (including that all donor data you might supply) does not violate any privacy rights or laws and that you have the right to use and share that information with us for fundraising purposes.

• Legal Compliance: You understand and agree that you are ultimately responsible for complying with all applicable laws and regulations related to your fundraising activities. This includes charitable solicitation laws, election campaign finance laws, tax receipting rules, donor privacy laws, Do-Not-Call lists, email spam laws (CAN-SPAM Act), and any other relevant regulations. While Sutton & Smart provides compliance support as part of the Service, we are not a law firm and do not provide formal legal advice. Any compliance guidance or templates we provide are general in nature. You should consult your own legal counsel if you have specific legal questions or if your fundraising is subject to complex regulations. You agree not to rely solely on our support for legal compliance. If you do anything unlawful in your fundraising, Sutton & Smart is not responsible for the consequences.

• Use of Donor Data: If we provide donor lists or if you gather donor information through our systems, you agree to use that data solely for legitimate fundraising communications as intended and in line with donors’ reasonable expectations. You will abide by any donor consent or opt-out requests. You will not use any donor data obtained through the Service to spam or harass individuals, nor will you sell or transfer that data to third parties (except as needed to fulfill the fundraising purpose, such as uploading to a secure email service for your campaign). If the Service is used to send communications (emails, texts, calls) to donors, you are responsible for ensuring those communications comply with applicable solicitation laws and privacy laws.

• Responsible Fundraising Conduct: You will conduct your fundraising activities ethically and in good faith. This means you will not misrepresent your cause or how donations will be used, you will honor any promises or rewards offered to donors, and you will not engage in fraudulent or deceptive fundraising practices. Sutton & Smart reserves the right to terminate or suspend the Service if we discover or reasonably suspect that your fundraising campaign is involved in fraud, misrepresentation, illegality, or activities that violate our standards or could harm our reputation.

• Cooperation: You will make a good-faith effort to cooperate with Sutton & Smart’s team and follow reasonable instructions or recommendations. The success of fundraising often depends on timely actions (for example, sending out appeals by certain dates or following up with donors). If we request information or approval from you to move forward with a fundraising tactic, providing prompt feedback will help achieve the best results. We are not responsible for delays or lower fundraising outcomes to the extent caused by your lack of timely cooperation or communication.

• Technology Requirements: You may need certain technology (computer, internet, phone, video conferencing capabilities, etc.) to utilize parts of the Service (such as coaching calls or using the Virtual Foxhole Assistant). You are responsible for having and managing your own technology and any costs associated with it. We will provide reasonable guidance on any specific software or platforms to use; however, you are responsible for securing access to those (some third-party tools might require you to create accounts or pay separate fees, which are not included in our Service unless explicitly stated).

• Credentials and Access: If the Service involves providing you access to any Sutton & Smart systems or third-party tools under our account, you must keep any login credentials secure and confidential. Do not share passwords or allow unauthorized access. You will be responsible for any actions taken through your accounts that we set up for you. Notify us immediately if you suspect any unauthorized access or security breach related to the Service.

8. No Guarantee of Results; Disclaimers

No Fundraising Outcome Guarantee: Sutton & Smart will work diligently to help you raise funds, but we do not and cannot guarantee that you will achieve any specific fundraising goal or raise any particular amount of money through this Service. Fundraising outcomes depend on many factors beyond our control – including the appeal of your cause or candidate to donors, current events, donor capacity and willingness, economic conditions, your effort in following up with leads, etc. Any examples or figures we might reference (such as “raise millions in funding” or past successes) are illustrative only, and not a promise that you will achieve similar results. You assume all risk that your fundraising campaign may not meet expectations. Sutton & Smart is providing tools, coaching, and support, but ultimate success is not assured.

No Warranty on Donor Lists or Data: Any donor lists or data provided are on an “as is” basis – we do not guarantee that the contacts are perfectly up-to-date or that they will be interested in donating. We strive to provide high-quality leads, but we make no warranties as to the accuracy, quality, or responsiveness of any donor information. Likewise, templates and scripts are provided “as is” without warranty of success or fitness for your particular purpose; you may need to adapt them to your unique voice and context.

General “As-Is” Disclaimer: The Service is provided “AS IS” and “AS AVAILABLE”, without any warranty of any kind. To the fullest extent permitted by law, Sutton & Smart disclaims all warranties, express or implied, regarding the Service and any deliverables, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not guarantee that the Service will be uninterrupted or error-free, or that any specific fundraising techniques will be effective for your situation. Any technical tools provided (including the Virtual Foxhole Assistant or software platforms) are used at your own risk – we don’t warrant that they will be free of bugs or vulnerabilities (though we certainly strive to ensure quality).

No Legal or Tax Advice: While we offer compliance support and general advice, nothing in this Service constitutes legal, tax, or financial advice specific to your circumstances. We are political consultants, not your attorneys or CPAs. Always consult qualified professionals for legal or tax matters. Sutton & Smart will not be liable for any penalties, fines, or legal consequences that result from your failure to comply with laws or regulations. Compliance support is advisory only, and you use it at your own discretion.

Third-Party Services: In the course of the Service, we may recommend or help you use third-party services or platforms (for example, a fundraising email service, payment processor, or social media tools). Any such third-party services are outside of our control and come with their own terms and risks. We make no warranty or guarantee regarding any third-party service’s performance or security. You are responsible for reviewing and agreeing to any third-party terms. Sutton & Smart is not liable for issues arising from third-party services, even if we assisted in setting them up.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Sutton & Smart LLC’s liability to you is strictly limited in connection with this Service. By agreeing to these terms, you acknowledge that the allocation of risk in these terms is a fundamental part of the bargain and that the pricing of the Service reflects this allocation.

• No Indirect Damages: Sutton & Smart will not be liable to you for any indirect, consequential, incidental, special, punitive, or exemplary damages whatsoever arising out of or related to this Service or these terms. This exclusion includes, but is not limited to, any claim for lost profits or lost donations, loss of goodwill, lost data, the cost of substitute services, or other intangible losses, even if we have been advised of the possibility of such damages. For example, we are not liable if a potential donor on a provided list fails to donate (lost opportunity), or if a technology issue delays your campaign launch.

• Liability Cap: In all cases, Sutton & Smart’s total cumulative liability arising from or related to this Service (whether in contract, tort, or otherwise) is capped at the total amount of fees you have paid to us for the Service in the 3 months immediately preceding the event giving rise to the claim. If the period you’ve been subscribed is shorter, then the cap is the total fees paid for the Service to date. This means, for example, if you have paid $5,000 in subscription and commission fees in the 3 months before a claim, that $5,000 is the maximum our liability would cover. This cap applies in aggregate to all claims and liabilities.

• Sole Remedies: Where permitted by law, your sole and exclusive remedy for any dissatisfaction with the Service or breach of these terms by us is to terminate your subscription (as provided above) and, if applicable, seek a return of amounts paid if a court of law or arbitrator finds you are legally entitled to such a remedy (subject to the limitations and exclusions herein). Absent a legal entitlement, no refund will be given (per the No Refunds policy).

• No Liability for Certain Causes: Sutton & Smart will not be liable for any failure or delay in performing its obligations if that failure or delay is due to circumstances beyond our reasonable control, such as acts of God, war, terrorism, labor strikes, internet outages, third-party platform failures, changes in law or regulation that impact fundraising, or other force majeure events. We will make reasonable efforts to mitigate the effect of such events on our performance.

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. To the extent that an implied warranty cannot be disclaimed or a liability cannot be limited under law, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sutton & Smart LLC and its officers, directors, employees, agents, and contractors (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to (a) your use of the Service, (b) your violation of any of these Service terms or the Main TOS, (c) your violation of any applicable law or regulation (including any fundraising/solicitation or campaign finance laws), or (d) any allegation that the data or content you provided to us (such as your donor information or campaign materials) infringes or misappropriates the intellectual property, privacy, or other rights of any third party.

In plain terms, if a third party (for example, a donor, a government agency, or anyone else) makes a claim against Sutton & Smart because of something you did or failed to do in connection with your fundraising or use of our Service, you are agreeing to cover the costs. For instance, if you send emails to a list of donors and someone sues us claiming that was spam or a privacy violation, or if you misuse funds and a donor complains, you will indemnify us for any resulting expense or liability. We will notify you promptly of any such claim and allow you to control the defense, but we reserve the right to participate with counsel of our choosing (at our expense). Your indemnification obligation will survive the termination or expiration of your subscription and these terms.

11. Additional Provisions

Entire Agreement (for Service): These Monthly Fundraising Service Terms, together with the Main TOS and any Purchase Policy, and any order form or sign-up details you agreed to, constitute the entire agreement between you and Sutton & Smart regarding this particular Service. They supersede any prior discussions or proposals regarding this Service. (However, they do not supersede the broader Main TOS in general; rather, they work in tandem with it.)

Changes to Terms or Service: Sutton & Smart may update or modify these Service-specific terms from time to time, for example to reflect changes in the Service features or pricing, or to ensure legal compliance. If we make a material change, we will notify you (via email or through the platform) in advance. The updated terms will not apply retroactively; they will take effect from your next renewal or a date specified in the notice. If you object to any change, you may cancel the Service before the new terms apply. Continuing to use the Service after the effective date of updated terms constitutes acceptance of those changes. Similarly, we reserve the right to modify or discontinue certain features of the Service or the Service itself, but we will not do so in a way that materially reduces what you’ve already paid for without offering a pro-rated refund or equivalent alternative.

Relationship of Parties: You are purchasing a service from us as an independent contractor. Nothing in these terms creates any partnership, joint venture, or employment relationship between you and Sutton & Smart. Neither party is an agent of the other, and neither has the authority to bind the other to any third-party obligations.

Assignment: You may not assign or transfer this agreement or any rights/obligations under it to anyone else without our prior written consent. For example, you cannot “transfer” your subscription to another campaign or successor without permission. Sutton & Smart may assign or subcontract its obligations (for instance, we might have a subcontractor coach provide some of the live coaching hours) as long as we remain responsible to you for the Service.

No Waiver: If Sutton & Smart does not enforce a provision of these terms on any occasion, that does not mean we waive the right to enforce it in the future. All waivers must be explicit and in writing to be effective.

Severability: If any provision of these terms is found to be illegal, invalid, or unenforceable by a court or arbitrator of competent jurisdiction, the rest of the provisions will remain in effect. We can modify such a provision to the minimum extent necessary to make it enforceable, reflecting the original intent.

Governing Law: These terms are governed by the laws of the State of Arizona, USA, without regard to its conflict of law principles (except that federal law will apply in matters of intellectual property). This governing law is specified in our Main TOS and applies here as well.

Dispute Resolution: As stated in the Main TOS, you and Sutton & Smart agree to resolve most disputes through binding individual arbitration rather than in court, and you waive any right to participate in class actions or class-wide arbitration. By agreeing to these terms, you reaffirm your agreement to the Dispute Resolution and Arbitration clause in the Main TOS, which is incorporated here by reference. Any arbitration will be conducted in accordance with the rules specified in the Main TOS, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.

Exception – Small Claims: If a dispute qualifies for small claims court and one of the parties elects to pursue it there, then that small claims matter may be brought in the courts of Maricopa County, Arizona (if within jurisdictional limits). In such a case, it must be on an individual basis (no class or representative actions). For all other disputes not subject to arbitration (if any), you agree to the exclusive jurisdiction of the state or federal courts located in Maricopa County, Arizona, and waive any objections to venue or inconvenient forum in those courts.

Attorney’s Fees: In any action or proceeding to enforce rights under these terms, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs.

Notices: Official notices to Sutton & Smart must be sent in writing to our business address or email as specified on our website (e.g. hello@suttonsmart.com), and will be deemed given when received. We will send official notices to you at the email address on file for your account, and it is your responsibility to keep that email up to date. Informal communications (like day-to-day Service communications) can be via email, chat, or phone, but legal notices should be more formal.

Headings: Section headings in this document are for convenience and organization only and have no legal effect.

12. Agreement & Acknowledgment

By purchasing/subscribing to the Monthly Fundraising Service (for example, by clicking “I Agree” or completing the checkout process on Stripe), you acknowledge that you have read and understood these Terms of Service for the Fundraising Service and agree to be bound by them. You also confirm that you have read and agree to be bound by Sutton & Smart’s [Main Terms of Service Agreement] (and [Purchase Policy], if applicable). These terms are designed to provide Sutton & Smart with the broadest legal protection permissible while delivering quality service to you. If you do not agree to any of these terms, you should not subscribe to or use the Service.

Should you have any questions or concerns about these Terms, or need clarification on any point, please contact us before purchasing. We are happy to explain how our Service works and what these terms mean for you.

Thank you for trusting Sutton & Smart with your fundraising needs. We look forward to partnering with you to help achieve your goals, and we are committed to doing so in a transparent and professional manner under the protection of these terms.