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Effective Date: October 1, 2026
Version: 1.0
These Terms of Service apply to each Factur Service Order. The Service Order identifies the Customer, services, pricing, payment schedule, and contract term. Only the Service Schedules corresponding to the services listed in the Service Order apply. The Service Order and these Terms of Service together constitute the Agreement. If there is a conflict, the Service Order controls.
The term of the Agreement is stated in the Service Order. The Agreement becomes effective upon execution by both parties (“Effective Date”).
Client will be charged for the initial service period upon execution of this Agreement. Payment is due upon receipt. The date of the initial payment will establish the Client’s recurring monthly billing date for the duration of the Agreement.
Onboarding will commence within five (5) business days following receipt of the initial payment, unless otherwise mutually agreed in writing.
If initial payment is not received within five (5) business days of contract execution, Factur reserves the right to adjust onboarding timelines or require re-confirmation of service commencement date.
Automatic Payments. Automatic payments are required unless Factur approves an alternative payment arrangement in writing. Customer authorizes Factur and its designated payment processor to charge the payment method provided for the Initial Payment and all subsequent recurring payments due under the applicable Service Order. Available payment methods may include credit card or ACH, as determined by Factur. Customer is responsible for maintaining valid and current payment information throughout the Service Order term.
Alternative Payment Arrangements. Any request to pay outside Factur’s standard automatic-payment process is subject to Factur’s written approval and may require credit review, additional payment assurances, or modified payment terms. Factur may require advance payment, including the first and final month of service, as a condition of approving an alternative arrangement. An exception applies only to the applicable Service Order and does not modify any other provision of these Terms.
Fees and Payment Terms: The Project Fee, as defined in the Agreement, is the Total Contract Value stated in the Service Order. The Project Fee is due and payable at the inception of the Agreement, but for Customer’s convenience may be paid in equal monthly installments as stated in the Service Order.
Payments are due upon receipt, and the first payment must be paid before the Kickoff meeting will be scheduled.
Nonpayment of any payment for more than 30 days past the applicable due date may result in suspension of all services, at Factur’s discretion, but any such suspension does not extend the term of the Agreement or modify the Project Fee.
Nonpayment; Suspension; Acceleration; and Collections: If Customer fails to pay any amount when due, Factur may suspend or cease Services until the account is brought current. Interest will accrue on overdue amounts at the rate stated in these Terms.
If any amount remains unpaid for more than sixty (60) days after its due date, Factur may refer the account to a third-party collection agency or legal counsel and will notify Customer of the referral. Following referral, Customer will communicate directly with the appointed agency or counsel regarding the outstanding balance.
Factur may declare all remaining fees due under the applicable Service Order immediately due and payable if the Agreement is terminated or canceled before the end of its stated term due to Customer’s nonpayment or other breach, provided that Factur is not in breach of the Agreement.
Customer will reimburse Factur for all reasonable costs of collection, including collection agency fees and commissions, attorneys’ fees, court costs, and disbursements, whether or not legal proceedings are commenced.
Pricing Expiration: Pricing stated in a Service Order may expire if both parties do not sign on or before the expiration date shown in the Service Order.
One-Time Onboarding Fee: If the Service Order includes a separate Onboarding Fee, it will be included as an addition to the first installment payment for the Project Fee.
This Agreement will auto-renew under the same terms. Client may opt out of automatic renewal by providing a written notice at least 30 days prior to Agreement end.
Factur’s expenses are largely frontloaded and because of that the “Project Fee” accounts for the entirety of our service. For the Client’s convenience, Factur offers payment options to assist with Client’s cash flow as outlined in the Service Order. If Client breaches the Agreement, the entirety of the Project Fee is still due and payable upon breach. Payments must be made in USD. Onboarding fees will be included in the first payment. For unpaid amounts over 30 days, Factur will charge interest of 5% per month.
Neither party shall, directly or indirectly, solicit for employment or hire any employee of the other party during the term of this Agreement and for a period of twelve (12) months thereafter, without the prior written consent of the other party. If either party hires or engages an employee of the other party in violation of this section, the hiring party agrees to pay the other party a fee equal to 6 months of the employee’s total compensation (salary + bonuses). The parties agree that such amount is a reasonable estimate of damages and not a penalty.
This Schedule applies when Lead Generation or Precision Lead Generation is listed in the Service Order.
Onboarding Period: The initial 30 days of the Agreement are dedicated to onboarding and launching your campaigns. This includes:
Ongoing Service: After the completion of the Onboarding Period (more specifically, following the virtual Kickoff Meeting), Factur’s Lead Generation unit will provide the following services for the remaining term of the Agreement:
Lead Generation Overview: Factur Lead Generation Services are designed to find and develop a sales pipeline of business opportunities for Customer.
Factur will work with Customer to understand their target market(s) and value proposition. Factur will then use its proprietary industrial Database, the ‘Fixtur Database’, to identify likely companies and decision makers, then solicit through personalized email correspondence under the Customer brand to start conversations and develop long-term opportunities for Customer.
Sales Pipeline Data (leads captured) will populate an online shared report to which
Customer will have access. This report includes information on each lead such as company, contact, industry, title, contact information, and other details.
Lead Definitions: Factur will prospect via personalized email and classify positive responses into two lead stages to populate Customer’s Lead Generation Report and represent the sales pipeline that Factur is creating and managing for Customer as part of the services.
Lead Handoffs: Conversation opportunity found by Factur as a result of direct Customer outreach within the service. These typically include positive responses such as call requests, more information requests, product-specific questions, etc. These leads are immediately pushed to the view of the assigned Customer contact through email and will populate the shared online report.
Long-Term Follow-Up: Positive responses found by Factur as a result of direct Customer outreach within the service where the prospect has indicated a “next action” in the future. These leads populate the report, however, the follow-up is managed by Factur. Factur will continually build and work this long-term pipeline, ensuring a sustainable sales pipeline for Customer. Examples of these leads would
be a response such as “Get back to me at XXX date; I have an audit this month.”
Additionally, this personalized email under Customer brand will yield increased Web Traffic to Customer’s website, and continuously position the Customer brand in front of contacts within their target markets.
This Schedule applies when Sales Development or Precision Sales Development is listed in the Service Order.
Sales Development Overview: Factur Outsourced Sales Development is designed to provide the data, processes, and personnel to find and generate opportunities with new customers for Customer. Factur will work with Customer to understand the industries and companies that they would like to target, the value and details of Customer products/services, and criteria to use in customer-facing calls to ensure the right fit for a Customer sales opportunity.
Factur then researches using their manufacturing-specific database, the “Fixtur Database”, to find qualified companies to target. Factur will locate all of the ‘Likely Decision Makers’ by title and persona at
the target companies and build several lists according to the specific product/service offering of Customer.
Factur will pursue all these Likely Decision Makers in an attempt to identify the true decision maker(s) within the target company, by engaging them through email, phone, and video calls to uncover and qualify opportunities for Customer business.
This service is customizable and includes the ability to target multiple industries and personas to uncover different types of work in line with the goals, capabilities, and capacity of Customer sales. Additionally, Factur can create and manage “niche campaigns” to prospect into smaller market segments or to the other facilities/business divisions of existing customers for Customer.
Cold Outreach (emails) created by Factur require approval by Customer representative prior to sending.
Factur’s main goal is to capture the interest of a qualified prospect, then have a discovery call to validate a business opportunity in the near or long term, then hand off to Customer in the form of a joint phone meeting (Factur + Customer + Prospect), or an in-person or virtual meeting (Customer+ Prospect). Factur can distribute these meetings to different Customer salespeople according to criteria set in the Kick-Off Call.
This service is designed to deliver a qualified appointment and not extensively qualify and pursue an opportunity for quote. Factur is operating as an Outsourced Sales Development Representative, supporting the existing sales team with Lead Generation, Discovery, and Scheduling. Sales Pipeline Data (opportunities/leads not yet at Appointment Set stage) provided weekly to Customer including
target accounts, target contacts, activity and opportunities through shared online report with CSV export available. Additional ad hoc analysis available upon request. Established cadence outside of weekly can be established during the kick-off call.
This Schedule applies when Business Development or Precision Business Development is listed in the Service Order.
Outsourced BDM Overview: Factur Outsourced BDM Services are designed to provide the data, processes, and personnel to find and generate opportunities with new customers for Customer.
Factur will work with Customer to understand the industries and companies that they would like to target, the value and details of products/services, and criteria to use in customer-facing calls to ensure the right fit for a Customer sales opportunity.
Factur then researches using their manufacturing-specific database, the “Fixtur Database”, to find qualified companies to target. Factur will locate all of the ‘Likely Decision Makers’ by title and persona at the target companies and build several lists according to the specific product/service offering of Customer.
Factur will pursue all these Likely Decision Makers in an attempt to identify the true decision maker(s) within the target company, by engaging them through email, phone, and video calls to uncover and qualify opportunities for Customer business.
This service is customizable and includes the ability to target multiple industries and personas to uncover different types of work in line with the goals, capabilities, and capacity of Customer sales.
Additionally, Factur can create and manage “niche campaigns” to prospect into smaller market segments or to the other facilities/business divisions of existing customers for Customer.
Cold Outreach (emails) created by Factur require approval by a Customer representative prior to sending.
Factur’s main goal is to capture the interest of a qualified prospect, then have a discovery call(s) to validate a business opportunity in the near term, perform additional qualification according to Customer criteria, then hand off to Customer in the form of a joint phone meeting (Factur + Customer + Prospect), an in-person or virtual meeting (Customer + Prospect), or a Request for Quote (RFQ). Factur can distribute these opportunities and/or RFQs to different Customer Team Members according to criteria set in the Kick-Off Call.
This service is designed to deliver a qualified opportunity for Customer business, with many details related to product/service applications covered prior to handoff. Through a cadence of continuous check-ins and a close working relationship with the designated point of contact for Customer, Factur is operating as an
Outsourced Business Development Manager, supporting the existing go-to-market team with Lead Generation, Discovery, Qualification, Pursuit, and Scheduling of sales opportunities for Customer.
Sales Pipeline Data (opportunities/leads not yet at Opportunity Handoff stage) Weekly reports are provided as scheduled to Customer, with additional ad hoc analysis available upon request. Reporting will include target accounts, target persona titles, sales activity, and opportunities through a shared online report with
CSV export available. Cadence outside of weekly can be established during the kickoff call.
When Precision Lead Generation is listed in the Service Order, Schedule A and the following Precision Marketing terms apply.
Precision Marketing
Factur will serve as a strategic partner in developing and executing a results-driven marketing plan tailored to your business goals. Our approach integrates brand strategy, digital presence, and sales enablement to optimize engagement and conversion rates.
Onboarding & Strategy Development
Ongoing Marketing Execution: Every quarter, we will reassess priorities and execute:
Quarterly Marketing Tactics (Choose 2 per quarter)
Quarterly Marketing Projects (Choose 1 per quarter)
Additional Support & Services
Commitment to Flexibility & Strategic Adaptation
While Factur strives to provide a clearly defined scope of engagement before the agreement is signed, we recognize that marketing is inherently dynamic and responsive to evolving business and market conditions. Our approach ensures a collaborative and strategic execution of branding and marketing initiatives while maintaining the agility to adapt to new opportunities, industry trends, and client needs.
Throughout the engagement, we will refine timelines and specific project details as priorities shift and new needs arise. This flexibility allows us to maximize impact while staying aligned with your business objectives. While the services outlined in this agreement reflect a structured approach to marketing execution, Factur is committed to evolving alongside your business, ensuring the delivery of high-quality, results-driven marketing support.
When Precision Sales Development is listed in the Service Order, Schedule B and the following Precision Marketing terms apply.
Precision Marketing
Factur will serve as a strategic partner in developing and executing a results-driven marketing plan tailored to your business goals. Our approach integrates brand strategy, digital presence, and sales enablement to optimize engagement and conversion rates.
Onboarding & Strategy Development
Ongoing Marketing Execution: Every quarter, we will reassess priorities and execute:
Quarterly Marketing Tactics (Choose 2 per quarter)
Quarterly Marketing Projects (Choose 1 per quarter)
Additional Support & Services
Commitment to Flexibility & Strategic Adaptation
While Factur strives to provide a clearly defined scope of engagement before the agreement is signed, we recognize that marketing is inherently dynamic and responsive to evolving business and market conditions. Our approach ensures a collaborative and strategic execution of branding and marketing initiatives while maintaining the agility to adapt to new opportunities, industry trends, and client needs.
Throughout the engagement, we will refine timelines and specific project details as priorities shift and new needs arise. This flexibility allows us to maximize impact while staying aligned with your business objectives. While the services outlined in this agreement reflect a structured approach to marketing execution, Factur is committed to evolving alongside your business, ensuring the delivery of high-quality, results-driven marketing support.
When Precision Business Development is listed in the Service Order, Schedule C and the following Precision Marketing terms apply.
Precision Marketing
Factur will serve as a strategic partner in developing and executing a results-driven marketing plan tailored to your business goals. Our approach integrates brand strategy, digital presence, and sales enablement to optimize engagement and conversion rates.
Onboarding & Strategy Development
Ongoing Marketing Execution: Every quarter, we will reassess priorities and execute:
Quarterly Marketing Tactics (Choose 2 per quarter)
Quarterly Marketing Projects (created to support inbound campaigns)
Additional Support & Services
Commitment to Flexibility & Strategic Adaptation
While Factur strives to provide a clearly defined scope of engagement before the agreement is signed, we recognize that marketing is inherently dynamic and responsive to evolving business and market conditions. Our approach ensures a collaborative and strategic execution of branding and marketing initiatives while maintaining the agility to adapt to new opportunities, industry trends, and client needs.
Throughout the engagement, we will refine timelines and specific project details as priorities shift and new needs arise. This flexibility allows us to maximize impact while staying aligned with your business objectives. While the services outlined in this agreement reflect a structured approach to marketing execution, Factur is committed to evolving alongside your business, ensuring the delivery of high-quality, results-driven marketing support.
This section applies only to individuals who opt in to receive SMS messages from Factur and does not apply merely because a Customer signs a Service Order.
By opting in to receive SMS messages from Factur, you agree to receive conversational business messages related to your inquiry, including follow-ups, scheduling, and ongoing communication.
Message frequency varies. Message and data rates may apply.
You can opt out at any time by replying STOP. After opting out, you will no longer receive SMS messages from us. If you need assistance, reply HELP or contact us at marketing@facturmfg.com.
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