Legal

Terms & Conditions

These Terms & Conditions ("Terms") govern your access to smarter-plan.com and services provided by Vacanti Enterprises LLC, doing business as Smarter Plan ("Smarter Plan," "we," "us," or "our"). By using the site, booking a call, submitting information, or purchasing services, you agree to these Terms.

1. Eligibility and business use

You must be at least 18 and able to enter a binding agreement. Smarter Plan services are offered primarily for legitimate business use. You are responsible for ensuring that information and instructions you provide are accurate and that you have authority to provide any content, account access, or customer data used in the services.

2. Services

Smarter Plan may provide websites, Google Business Profile support, lead-capture tools, CRM and pipeline configuration, automated communications, review-request systems, referral or reactivation systems, and related implementation or support. The exact scope is the scope accepted during purchase, onboarding, or a written order. Third-party features and availability may change.

3. Pricing, billing, and renewal

The standard plan is $297 per month. The annual option is $3,029.40 paid upfront, a 15% discount from twelve monthly payments. Unless a checkout or written order says otherwise, subscriptions renew automatically for the same billing period until canceled. You authorize us and our payment provider to charge the payment method on file. Taxes may apply.

Monthly cancellations take effect at the end of the paid billing period. Annual amounts are generally non-prorated after the 30-day satisfaction period except where required by law or expressly agreed in writing. Cancel before renewal by contacting us using the details below.

4. 30-day satisfaction guarantee

If you are not satisfied with your initial Smarter Plan purchase, contact us within 30 calendar days after the initial payment and identify the account and reason for the request. We may ask for reasonable information needed to locate the payment and confirm eligibility. Approved refunds are returned to the original payment method. The guarantee is based on satisfaction with the service and is not a guarantee of leads, jobs, rankings, revenue, or any other business result.

5. Launch timing and customer responsibilities

A standard system can be ready to go live within 7 days after we receive the information, content, approvals, credentials, and access reasonably needed to perform the work. The timeline may be extended by complex scope, third-party review, domain or platform delays, missing information, or delayed customer feedback. You are responsible for timely cooperation and for the legality and accuracy of your business claims, offers, customer lists, and content.

6. Third-party services

Services may rely on third-party platforms such as GoHighLevel, hosting providers, domain registrars, Google, Meta, telecommunications providers, email services, payment processors, and other integrations. Their separate terms and policies apply. We are not responsible for outages, policy changes, suspensions, delivery failures, rankings, or other acts of third parties outside our reasonable control.

7. Communications and SMS terms

If you consent to SMS or telephone communications, messages may include inquiry responses, service updates, appointment reminders, account notifications, or marketing messages as disclosed when you consent. Frequency varies. Message and data rates may apply. Reply STOP to opt out of SMS and HELP for help. Carriers are not liable for delayed or undelivered messages. Consent to marketing messages is not a condition of purchase.

8. Acceptable use

You may not use the site or services to violate law; infringe intellectual-property, privacy, or publicity rights; transmit deceptive, abusive, malicious, or unlawful content; interfere with security or operation; access systems without authorization; send communications without required consent; or resell or misuse the services outside the agreed scope.

9. Intellectual property

We retain ownership of our pre-existing methods, templates, software, know-how, system components, branding, and materials. You retain ownership of content you provide. Subject to full payment and any written project terms, you receive the right to use the customer-specific deliverables created for your business. Third-party materials remain subject to their licenses.

10. Results disclaimer

Marketing and business results vary. Examples, testimonials, screenshots, and client-reported outcomes are not guarantees. We do not promise any number of leads, calls, customers, reviews, rankings, jobs, sales, revenue, profit, or return on investment. Results depend on factors including market conditions, demand, competition, service quality, pricing, responsiveness, reputation, sales ability, and execution.

11. Disclaimer of warranties

Except for obligations expressly stated in a written agreement and to the fullest extent permitted by law, the site and services are provided "as is" and "as available." We disclaim implied warranties, including merchantability, fitness for a particular purpose, and noninfringement. We do not warrant uninterrupted or error-free operation or a particular business outcome.

12. Limitation of liability

To the fullest extent permitted by law, Smarter Plan and Vacanti Enterprises LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, loss of goodwill, or lost business opportunities. Our aggregate liability arising from the services will not exceed the amount you paid us for the affected service during the three months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply.

13. Indemnification

You agree to defend, indemnify, and hold harmless Vacanti Enterprises LLC and its personnel from third-party claims, damages, liabilities, and reasonable expenses arising from content or data you provide, your unlawful use of the services, your communications with customers, or your breach of these Terms.

14. Suspension and termination

We may suspend or terminate access for nonpayment, security risk, unlawful or abusive use, breach of these Terms, or a third-party platform restriction that prevents continued service. Sections that by their nature should survive termination will survive.

15. Governing rules and disputes

Before filing a formal claim, each party agrees to provide written notice and make a good-faith effort to resolve the dispute informally for at least 30 days. These Terms are governed by applicable United States law and the law applicable to Vacanti Enterprises LLC, without regard to conflict-of-law principles. Any mandatory consumer rights remain unaffected.

16. Changes and general terms

We may update these Terms by posting a revised version. Material changes apply prospectively unless law permits otherwise. If any provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign your agreement without our consent; we may assign it as part of a reorganization, financing, merger, or sale.

17. Contact

Vacanti Enterprises LLC, d/b/a Smarter Plan
301 North Fremont Avenue
Tampa, FL
nick@vacantienterprises.com
(720) 693-3089