Kiterra Terms of ServiceLast updated: October 28th 2026These Terms govern all Lead Generation & Appointment Setting services provided by Kiterra (“Agency,” “we,” “us,” or “our”) to any client (“Client,” “you,” or “your”) that has signed an Order Form referencing them. The Order Form and these Terms together are the “Agreement.” Fees are billed in U.S. Dollars and processed via Stripe.1. Services Provided
Agency, as an independent contractor, sources, qualifies, and books sales calls (“Qualified Calls”) onto Client’s calendar with prospects in Client’s target market. Agency is responsible only for booking Qualified Calls. It does not guarantee call attendance, sales, contracts, revenue, or any minimum number of Qualified Calls in any billing cycle or calendar month, and is not responsible for Client’s sales performance or conversion rates. Performance is conditioned on Client’s timely completion of the Onboarding Form (Section 4).2. Qualified Call Definition
A “Qualified Call” is a sales call booked by Agency on Client’s calendar with a prospect who matches the ideal customer profile (“ICP”) and targeting criteria (industry, role, company type, etc.) in Client’s Onboarding Form (Section 4). It is delivered upon booking and deemed valid and final unless Client disputes it in writing within 72 hours of the scheduled call time because it did not meet these criteria or the prospect No-Showed, subject to Section 3.3.3. Fees, Payment & Refunds
3.1 Fee Structure
Fees are a one-time setup fee and a per-call fee for each Qualified Call delivered, as set out in the Order Form. The setup fee is non-refundable under any circumstance. The per-call fee pays for all work to source, qualify, and book each call (outreach, campaign management, targeting refinement, reporting), not for sales outcomes. It does not depend on Client’s ability to convert calls, but it does depend on prospect attendance (Section 3.3). Per-call fees paid are non-refundable except under Section 3.3. Early termination is governed solely by Section 9.4.
3.2 Billing Cycle
The first bi-weekly billing cycle begins on the campaign launch date Agency confirms in writing, which it will do only after receiving the completed Onboarding Form. Invoices issue at the end of each cycle for Qualified Calls delivered in that cycle only, net of approved refunds; if none are delivered, no invoice issues. Client authorizes recurring charges to the payment method on file each cycle and will attempt good-faith resolution with Agency before any chargeback.
3.3 Refund Policy
Refunds or credits are available only in these two cases, and only if Client notifies Agency in writing within 72 hours of the scheduled call time: (1) a prospect fails to attend a scheduled Qualified Call or cancels it outright for any reason, so that the call does not take place despite the prospect having confirmed attendance (a “No-Show”); or (2) the prospect has no resemblance at all to the ICP and targeting criteria in Client’s Onboarding Form (an “ICP Mismatch”). The fee for that call is then not billable and will be refunded or credited against Client’s next invoice. Client’s ICP is the one in its most recent Onboarding Form, as updated in writing and confirmed by Agency. No other call is refund-eligible: a prospect who matches some, but not all, ICP or targeting criteria is not an ICP Mismatch, and a call that does not convert to a sale is not refundable. Rescheduled calls (Section 6) and calls Client fails to attend (Section 4) remain billable.
3.4 Late Payment
If payment is not received within 5 business days of the due date, Agency may pause services until paid. Paused periods do not extend the billing cycle or reduce fees owed.4. Client Responsibilities
Client will provide accurate targeting criteria, maintain an active calendar, attend scheduled calls (or ensure appropriate team attendance), and promptly notify Agency of issues affecting call quality or scheduling. If Client or its team misses a scheduled call for any reason (scheduling conflict, internal error, calendar mismanagement) and the prospect attends, the call is a valid, delivered, fully billable Qualified Call and is not refund-eligible under Section 3.3.
Client Onboarding. Before launch, Client must return Agency’s Client Onboarding Form (the “Onboarding Form”) completed in full and accurately. It supplies the information Agency needs to perform the services, including the ICP and targeting criteria that determine whether a call is a Qualified Call (Section 2). The initial 1-month commitment begins on the launch date Agency confirms after receiving it. Delays and incomplete, inaccurate, or outdated information are Client’s responsibility: Agency is not responsible for resulting reductions in call volume or quality, and they entitle Client to no refund or credit, including of the setup fee.5. Deliverables & Reporting
Qualified Calls are booked directly onto Client’s calendar. Agency may provide call details (prospect name, company, contact information, notes) and bi-weekly campaign statistics reports.6. Rescheduling Policy
A prospect reschedule to a new confirmed time keeps the call fully billable and does not obligate Agency to re-book at no charge. A cancellation, by contrast, is refund-eligible under Section 3.3, and Section 3.3 applies again if a rescheduled call is later No-Showed or cancelled.7. Fulfillment, Refund & Cancellation Policy
Provided for payment processing via Stripe. It summarizes, and does not limit, Sections 3 and 9. 7.1 Delivery
Agency delivers services electronically and telephonically, by sourcing, qualifying, and booking Qualified Calls onto Client’s calendar throughout the term.
7.2 Refunds
Available only for a No-Show, cancellation, or ICP Mismatch under Section 3.3. Not available for change of mind about a delivered call, a partial ICP match, an unused call that met Section 2 and was not timely disputed, or incomplete or missing onboarding.
7.3 Cancellation
Client may terminate under Section 9, subject to the initial 1-month commitment, the notice period, and the early termination fee. Amounts invoiced for calls delivered before cancellation remain due, except as provided in Sections 3.3 and 9.4.8. Limitation of Liability
Agency is responsible only for delivering the services defined in this Agreement, not for Client’s ability to close sales or generate revenue. Agency is not liable for indirect, incidental, or consequential damages, and its total liability shall not exceed the total amount paid by Client to Agency. Agency is not liable for delays or non-performance caused by events outside its reasonable control (platform outages, email disruptions, third-party failures, acts of God), may pause services during such events, and may prorate or credit fees for a materially impacted cycle at its reasonable discretion.9. Term & Termination
9.1 Term
The Agreement begins when the Order Form is signed. The initial minimum commitment is 1 month (30 days) from the campaign launch date confirmed under Section 3.2, then month-to-month. Services may not be terminated during the initial term except under Section 9.4. Bi-weekly per-call billing applies throughout.
9.2 Notice Period
After the initial 1-month period, either Party may terminate on 7 days’ written notice by email or signed document, effective 7 days after receipt. Client remains responsible for per-call fees for Qualified Calls delivered during the notice period.
9.3 Payment Obligations Upon Termination
After the initial 1-month period, Client owes all setup fees and per-call fees for Qualified Calls delivered before termination, for the full bi-weekly cycle in which services were rendered, subject to Section 3.3. Agency is not responsible for booking replacement calls for any call cancelled or missed after notice is given; No-Shows and
prospect cancellations during the notice period remain subject to Section 3.3. This Section does not apply to early termination (Section 9.4).
9.4 Early Termination Fee
If Client terminates before completing the 1-month minimum commitment, Client pays an early termination fee equal to eight (8) Qualified Calls at the per-call rate in the Order Form, due immediately upon termination. It is the only amount owed on early termination, in place of per-call fees for calls delivered before termination, further billing cycle charges, or any other fee. The setup fee remains non-refundable and is not credited against it.
9.5 Termination for Cause
Either Party may terminate immediately if the other materially breaches and fails to cure within 7 business days of written notice, or with no cure period for fraud, willful misconduct, or intentional misrepresentation.
9.6 Surviving Obligations
Confidentiality, protection of proprietary information, and all payment obligations survive termination. On request, Client data or lead information provided by Agency must be returned or securely deleted. Client may use leads and prospects generated during the Agreement for internal sales purposes, but may not resell or redistribute them, or use Agency’s systems, messaging, or infrastructure to replicate the service independently, for 6 months following termination.10. Confidentiality
Both Parties will keep non-public business information exchanged under this Agreement strictly confidential. Agency will not disclose Client data or campaign details without written consent, except as needed to perform the services. Client will not disclose, reuse, or repurpose Agency-provided lead data, prospect lists, messaging frameworks, or campaign structures for external marketing, resale, or independent outreach.11. Governing Law & Dispute Resolution
California law governs this Agreement, without regard to conflict of law principles. Disputes go first to good-faith negotiation or mediation; unresolved disputes will be resolved in the courts located in California.12. Definitions
“Client,” “you,” and “your” mean the party identified as Client on the Order Form or otherwise bound by these Terms. “Agency,” “we,” “our,” and “us” mean Kiterra. “Party” or “Parties” means Client and Agency collectively.13. Changes to These Terms
Agency may update these Terms. The version in effect when a Client’s Order Form is signed governs that Client’s Agreement, and Agency retains dated records of prior versions. Material changes affecting an active Client will be communicated in writing.