Delta Audit Terms of Service

1. Overview and Acceptance

These Delta Audit Terms of Service (the “Agreement”) govern the one-time diagnostic, strategic, and account-review engagement known as the Delta Audit, provided by Next Step Sites LLC, a Texas limited liability company doing business as Next Step Marketing (“Next Step Marketing,” “we,” or “us”). The business or individual purchasing the Delta Audit is referred to as “Client” or “you.”

The Delta Audit is designed to identify marketing leaks, conversion gaps, tracking issues, offer problems, website friction, lead-flow breakdowns, paid advertising opportunities, and practical next-step recommendations based on the information available during the audit.

By booking a Delta Audit, submitting payment, or otherwise accepting these terms, Client agrees to this Agreement. If Client does not agree, Client should not book or pay for a Delta Audit.

The Delta Audit is separate from Momentum Engine, Momentum Website, hosting, advertising management, SEO, implementation retainers, and other ongoing services unless a written agreement states otherwise.

Client’s booking page, checkout, accepted proposal, invoice, order form, or other written scope (each, an “Order”) may include additional details about the audit price, timeline, deliverables, review session, access requirements, and optional follow-up services. If there is a conflict between this Agreement and a signed written agreement, the signed written agreement controls for that specific engagement.

2. Definitions

Discovery Call. The scheduled 45 to 60 minute working session that begins the audit.

Findings Call. The scheduled session at which Next Step Marketing presents the completed audit deliverable to Client.

Purchase Date. The date Next Step Marketing successfully charges Client for the Delta Audit.

Outer Deadline. The date 90 days after the Purchase Date, as described in Section 6.

3. Audit Scope

The Delta Audit may include review of some or all of the following, depending on the accepted scope and available access:

• website pages, landing pages, funnels, and conversion paths
• paid advertising accounts, campaigns, offers, creative, targeting, and account structure
• local SEO visibility, Google Business Profile, reviews, citations, and search presence
• forms, calls, tracking, analytics, attribution, and reporting signals
• lead follow-up, CRM or pipeline flow, response speed, handoff points, and missed-opportunity patterns
• customer journey, service positioning, offers, messaging, trust signals, and quote-flow friction
• competitor positioning, market context, or priority service opportunities

The Delta Audit is a diagnostic and recommendation engagement. It does not include implementation, advertising management, SEO fulfillment, website development, landing-page buildout, CRM setup, automation setup, copywriting, design production, integrations, remediation, or ongoing consulting unless separately stated in writing.

The Delta Audit is personal to Client and to the business identified in Client’s application. It is not transferable or assignable to another business, and it may not be resold, gifted, or redeemed by a third party.

4. Client Responsibilities

Client agrees to provide accurate business information, timely responses, required access, screenshots, reports, context, ad account permissions, website access, call tracking data, analytics access, CRM or lead-flow visibility, Google Business Profile access, and other materials reasonably needed to complete the audit.

Client is responsible for the accuracy of claims, pricing, guarantees, licenses, service descriptions, promotions, business representations, customer data, and other information provided to Next Step Marketing.

If access, approvals, context, or required materials are delayed, incomplete, inaccurate, or unavailable, the audit may be delayed, limited, or completed based on the information reasonably available.

5. Access, Security, and Third-Party Platforms

The Delta Audit may require temporary access to third-party systems such as advertising platforms, analytics tools, call tracking providers, websites, hosting accounts, CRMs, communication tools, Google Business Profile, form tools, job-management platforms, or other external systems.

Client is responsible for granting appropriate access and removing access after the audit if desired. Next Step Marketing may request that access be granted through secure user permissions rather than shared passwords where practical. Where possible, Next Step Marketing will remove its own access from Client accounts, platforms, websites, analytics tools, advertising accounts, and other systems after the audit is complete.

Next Step Marketing is not responsible for outages, unavailable data, missing permissions, account restrictions, platform policy enforcement, attribution changes, API changes, historical data limitations, tracking gaps, or other limitations in third-party systems.

6. Scheduling, Rescheduling, and No-Shows

The Delta Audit depends on two scheduled calls, and reserved time is the main cost of the engagement. This section explains how scheduling changes are handled.

6.1 Rescheduling with notice

Client may reschedule the Discovery Call or the Findings Call at no charge by giving at least 24 hours notice before the scheduled start time, up to 2 times per call.

For any additional reschedule beyond that allowance, Next Step Marketing may charge a rebooking fee of $75 or decline to reschedule further.

6.2 Late changes and missed calls

A cancellation with less than 24 hours notice, or a failure to attend a scheduled call, is a “Missed Call.”

• First Missed Call. Next Step Marketing will offer Client one opportunity to rebook, subject to availability. The rebooking uses one of Client’s reschedule allowances under Section 6.1.
• Second Missed Call. The affected call is forfeited, Next Step Marketing has no obligation to reschedule it, and Next Step Marketing may treat the audit as complete under Section 8.

6.3 Changes made by Next Step Marketing

If Next Step Marketing reschedules a call, that change does not use any of Client’s reschedule allowances and is not a Missed Call, and the Outer Deadline is extended by the length of the resulting delay.

6.4 Outer Deadline

The Delta Audit must be scheduled and completed within 90 days after the Purchase Date.

For the avoidance of doubt, rescheduling does not extend the Outer Deadline. The notice periods and allowances in Sections 6.1 and 6.2 apply to each individual booking and reset when a call is rebooked. The Outer Deadline runs from the Purchase Date and is not reset, paused, or extended by any reschedule, except as provided in Section 6.3 or as otherwise agreed in writing.

If the Delta Audit has not been completed by the Outer Deadline for reasons other than Next Step Marketing’s delay, the engagement ends and Next Step Marketing may treat the audit as complete under Section 8. What happens to the fee depends on how far the engagement progressed:

• If the Discovery Call never took place, Next Step Marketing will retain 50% of the fee and refund the remaining 50%, exactly as it would if Client had cancelled after the Refund Cutoff under Section 7.2.
• If the Discovery Call took place, the fee is non-refundable, as described in Section 7.2.

Next Step Marketing may, at its discretion, reinstate an engagement that has passed the Outer Deadline if Client requests reinstatement within 60 days afterward.

7. Fees, Payment, and Refunds

The Delta Audit is a one-time engagement at the price shown at checkout or in Client’s Order. Payment in full is required before the audit is scheduled. Client’s card is charged once. There is no subscription, recurring billing, or automatic enrollment in any other service.

7.1 The Refund Cutoff

The Refund Cutoff is the earlier of these two moments:

• 24 hours after the Purchase Date; or
• 24 hours before the scheduled start of the Discovery Call.

Client always has at least 1 hour after the Purchase Date to cancel for a full refund, even where the calculation above would otherwise give a shorter period.

Rescheduling does not move the Refund Cutoff. It is fixed by the original booking, for the same reason the Outer Deadline is fixed by the Purchase Date.

7.2 What Client receives

• Cancellation before the Refund Cutoff. Full refund.
• Cancellation after the Refund Cutoff, but before the Discovery Call begins. Next Step Marketing retains 50% of the fee and refunds the remaining 50%. The retained amount compensates Next Step Marketing for the preparation it carries out before the Discovery Call and for holding time on its schedule to attend that call.
• After the Discovery Call begins. The fee is non-refundable. The Discovery Call starts the audit itself, and Next Step Marketing then carries out the account access review, analysis, strategy work, and report creation that make up the audit. That work is performed whether or not Client attends a Findings Call, so it is not refundable once it has been done.
• At the Outer Deadline. Section 6.4 applies, which reaches the same result as the second case above where the Discovery Call never took place.

Refunds are issued to the original payment method within 30 days.

7.3 Applications declined before payment

If Next Step Marketing determines before payment that Client’s market is unavailable under Section 9, or that the Delta Audit is not a fit, Next Step Marketing will decline the application and will not charge Client.

Rebooking fees, rush fees, and optional follow-up service fees, if any, are governed by Client’s Order.

8. Deliverables and Completion

The standard Delta Audit flow is booking, Discovery Call, audit preparation, and Findings Call. The Findings Call is typically scheduled during the Discovery Call.

Typical turnaround is approximately 7 days after the Discovery Call and receipt of required access, although timing may vary based on scope, Client responsiveness, data availability, platform access, and other dependencies.

The audit deliverable may include a written report, findings document, scorecard, action plan, video walkthrough, live review session, recommendations, prioritized next steps, or another output described in Client’s Order.

The Delta Audit is complete when the agreed deliverable has been delivered, presented, or made reasonably available to Client.

Next Step Marketing may also treat the audit as complete in either of the following cases:

• Client does not schedule, attend, or respond regarding the Findings Call within 30 days after the deliverable has been made available or after Next Step Marketing has attempted to schedule the call; or
• Client has a second Missed Call, as described in Section 6.2.

9. Market Availability and Exclusivity

Next Step Marketing checks market availability before opening payment, and will decline an application when the market is already held by an active client.

Purchasing a Delta Audit does not grant, reserve, hold, or lock market exclusivity of any kind. Market exclusivity is granted only by an active Momentum Engine subscription, under the terms of that separate agreement. Next Step Marketing will honor exclusivity it has separately granted to an active Momentum Engine client, and that exclusivity may make a market unavailable to Client.

Market availability at the time of Client’s application is not a representation that the market will remain available. Another business may subscribe to an exclusivity-granting service before Client does.

10. Ownership and Use Rights

Client retains ownership of its pre-existing business materials, customer data, account data, platform data, logos, trademarks, photos, videos, testimonials, and other materials Client provides.

Next Step Marketing retains ownership of its proprietary methodologies, diagnostic frameworks, scoring systems, audit templates, analysis structures, internal documents, research methods, strategy frameworks, background intellectual property, and reusable systems.

Subject to full payment, Client may use the final audit findings and client-specific recommendations created for Client’s business for Client’s internal business operations.

Client may not resell, publish, license, transfer, package, train models on, or commercially exploit Next Step Marketing’s audit frameworks, templates, scoring systems, diagnostic methods, or reusable materials without written permission.

11. How Next Step Marketing Uses Audit Data

This section governs how Next Step Marketing may use what it learns during the audit, and it prevails over Section 15 to the extent of any conflict.

Internal use. Next Step Marketing may use audit data, learnings, patterns, and insights internally, including in a form that identifies Client, where reasonably needed to deliver the audit, operate its business, improve its services, perform quality control, train its own personnel, and plan follow-up services.

External use. Next Step Marketing may use anonymized or aggregated audit insights in marketing, sales materials, education, and case-study style content. Next Step Marketing will not publish, or otherwise disclose externally, Client’s name, brand, logo, or other identifying information in connection with the audit unless Client agrees in a separate written agreement.

Service providers and AI-assisted tools. Next Step Marketing may use third-party service providers and software, including AI-assisted analysis tools, to help deliver the audit, provided those providers are bound by confidentiality obligations at least as protective as this Agreement.

Model training. Next Step Marketing will not use Client’s confidential information or Client-identifying data to train or fine-tune machine-learning or artificial-intelligence models, and does not permit its service providers to do so.

12. Recommendations and No Guaranteed Outcome

The Delta Audit is based on available information, access, data quality, platform visibility, market conditions, and professional judgment at the time of review. Findings and recommendations may change if new information becomes available or if platforms, competitors, budgets, markets, or client operations change.

Next Step Marketing does not guarantee that implementing audit recommendations will produce a specific number of leads, estimates, booked jobs, sales, close rates, cost per lead, return on ad spend, ranking positions, traffic levels, review volume, conversion rates, or other business outcomes unless expressly stated in a signed written guarantee.

Client is responsible for deciding whether and how to implement recommendations. Implementation may require additional budget, third-party tools, platform changes, website changes, operational changes, sales process changes, content, advertising spend, technical work, or separate services.

13. Follow-Up Services and the Audit Fee Credit

Follow-up implementation, Momentum Engine enrollment, advertising management, managed website work, SEO, content creation, CRM configuration, automation setup, tracking fixes, call tracking setup, design, development, integrations, reporting, and ongoing consultation are not included unless separately scoped in writing. If Client chooses to move forward with follow-up services, those services will be governed by the applicable proposal, agreement, statement of work, or terms for that service.

Audit fee credit. If Client enrolls in a Next Step Marketing implementation service within 7 days after the Findings Call, Next Step Marketing will apply the full amount of the Delta Audit fee Client paid as a discount toward the setup fee for that service.

The credit is a discount applied at the time of enrollment. It has no cash value, is not redeemable for cash, is not refundable, may not be transferred to another business, and may not be applied to a service other than the one Client enrolls in.

14. Acceptable Use and Compliance

Client may not use the audit or related materials to promote unlawful, misleading, deceptive, restricted, or prohibited offers, or to violate advertising, privacy, telemarketing, messaging, accessibility, intellectual property, consumer-protection, platform, or industry-specific rules.

Next Step Marketing may pause, suspend, limit, or refuse audit work if continued work would create material legal, compliance, deliverability, platform, account, privacy, reputation, or security risk.

15. Confidentiality

Each party may receive non-public business, marketing, account, customer, operational, financial, or technical information from the other party (“Confidential Information”). Each party agrees to use reasonable care to protect Confidential Information and to use it only for the audit and related business purposes, subject to Section 11.

Confidential Information does not include information that is publicly available, already known without restriction, independently developed, or lawfully received from another source.

Term. These confidentiality obligations continue for 3 years after the audit is complete. Information that qualifies as a trade secret remains protected for as long as it qualifies as a trade secret under applicable law.

Compelled disclosure. A party may disclose Confidential Information to the extent required by law, regulation, subpoena, or court order, provided that the disclosing party gives the other party prompt written notice where legally permitted and discloses only what is required.

Return or destruction. On written request after the audit is complete, each party will return or destroy the other party’s Confidential Information in its possession, except for copies retained in routine system backups or as required for legal, tax, or record-keeping purposes. Information retained under this exception remains subject to this Section for as long as it is retained.

16. Privacy

Next Step Marketing’s Privacy Policy describes how it collects, uses, and protects personal information, and is incorporated into this Agreement by reference.

The audit may involve access to personal information belonging to Client’s own customers and contacts, held in Client’s CRM, call tracking, analytics, and advertising systems. Next Step Marketing will access that information only as needed to perform the audit, will not sell it, and will not use it to market to Client’s customers.

Next Step Marketing will remove its access to Client systems after the audit is complete as described in Section 5, and will retain audit working materials in accordance with its Privacy Policy and normal record-keeping practices.

17. Limitation of Liability

To the fullest extent permitted by law, Next Step Marketing will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, advertising spend, missed opportunities, lost rankings, platform account actions, third-party outages, or decisions made based on audit recommendations.

Next Step Marketing’s total aggregate liability arising out of or relating to this Agreement will not exceed the total fees Client actually paid to Next Step Marketing for the Delta Audit.

These limitations do not apply to liability that cannot be limited or excluded under applicable law, or to a party’s fraud or willful misconduct.

18. Indemnification

Client will defend, indemnify, and hold harmless Next Step Marketing from third-party claims, damages, and reasonable costs arising out of Client’s business claims, pricing, guarantees, licensing, service descriptions, promotions, and other business representations; Client’s materials and customer data; Client’s decisions about whether and how to implement recommendations; and Client’s violation of law, platform rules, or this Agreement.

Next Step Marketing will defend, indemnify, and hold harmless Client from third-party claims that the audit deliverables, as delivered by Next Step Marketing, infringe that third party’s intellectual property rights, and from claims arising out of Next Step Marketing’s gross negligence or willful misconduct.

19. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

Informal resolution. The parties agree to first attempt to resolve any dispute informally by contacting each other directly and negotiating in good faith for at least 30 days.

Mediation. If informal negotiation does not resolve the dispute within 30 days, either party may propose mediation.

Binding arbitration. If mediation is unsuccessful or is declined, any unresolved dispute will be settled by binding arbitration seated in Texas. The arbitrator’s award may be entered in any court of competent jurisdiction.

Small claims. Either party may instead bring an individual claim in small claims court if the claim qualifies for that court.

Nothing in this Section limits a party’s right to seek injunctive relief for misuse of Confidential Information or intellectual property.

20. General

Entire agreement. This Agreement, together with Client’s Order and any document incorporated by reference, is the entire agreement between the parties regarding the Delta Audit, and supersedes prior discussions and proposals on that subject.

Severability. If any provision is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.

No waiver. A party’s failure to enforce a provision is not a waiver of its right to enforce it later.

Assignment. Client may not assign this Agreement without Next Step Marketing’s written consent. Next Step Marketing may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.

Notices. Notices to Next Step Marketing may be sent to the address in Section 22. Notices to Client may be sent to the email address associated with Client’s application or Order.

Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, outages, platform failures, labor disputes, and government action. Affected deadlines, including the Outer Deadline, are extended by the length of the delay.

Independent contractor. The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, or agency relationship.

21. Changes to This Agreement

Next Step Marketing may revise this Agreement from time to time and publish the updated version on this page or provide notice through another commercially reasonable method. The version in effect on Client’s Purchase Date governs that Delta Audit unless otherwise agreed in writing.

22. Contact

Questions about this Agreement may be directed to contact@nextstepmarketing.net.

Next Step Sites LLC, doing business as Next Step Marketing