Terms of Service
Read carefully. These Terms are a binding contract between you ("Client") and DefendMyRep. They include mandatory arbitration, a class-action waiver, a no-chargeback covenant, liquidated damages on unauthorized payment reversals, and a Client-pays clause for collection costs. By using https://defendmyrep.com, submitting a form, taking the audit, booking a call, paying any invoice, or executing an Engagement Letter, you irrevocably accept these Terms.
1. Acceptance & binding nature
These Terms become binding upon the earliest of (a) creation of any account; (b) submission of contact, audit, or booking data; (c) acceptance of any Engagement Letter or Statement of Work ("SOW"); or (d) payment of any invoice. Continued use after material updates posted to this page constitutes ongoing acceptance. Capitalized terms not defined here are defined in the controlling Engagement Letter.
2. Site content is not advice
The Site is informational. Content does not constitute legal, financial, medical, regulatory, or PR advice. Engagement-specific advice is delivered only under a signed Engagement Letter.
3. The 90-second audit
The Bayesian audit on /quiz is illustrative. The model is published and the math is honest, but the posterior is not a guarantee of outcome and is not a substitute for a forensic baseline.
4. Engagements
Service engagements are governed by a separate Engagement Letter and SOW. Nothing on the Site creates a retention, attorney-client relationship, fiduciary duty, or PR engagement until a written Engagement Letter is countersigned by both parties.
5. No guarantee of platform-specific outcome
We do not guarantee removal of any specific URL, article, listing, or review. We guarantee adherence to the published protocol, the published model, and the published delivery metrics.
6. Payment terms
- Pre-payment. Forensic baselines, crisis activations, and initial retainers are pre-paid in full prior to commencement of work. No work begins until cleared funds are received.
- Auto-renewal. Monthly retainers auto-renew on the same calendar day each month unless cancelled per § 7.
- Late fees. Past-due balances accrue interest at the lesser of 1.5% per month (18% APR) or the maximum rate permitted by law, plus a $75 reinstatement fee per cycle.
- Method. ACH, wire, or card. Card payments incur a 3.5% processing surcharge where permitted.
7. Cancellation
Month-to-month retainers may be cancelled with fourteen (14) days' written notice to billing@defendmyrep.com. Work-in-flight inside the notice window is delivered to end-of-cycle and is non-refundable.
8. NO-CHARGEBACK COVENANT
You expressly waive the right to initiate a chargeback, ACH reversal, payment dispute, or bank reclamation against DefendMyRep for any service rendered under these Terms or any Engagement Letter. Disputes must be raised in writing under § 9 and resolved exclusively per § 14 (Arbitration). Initiating a chargeback or payment reversal in lieu of the dispute procedure constitutes a material breach of contract and entitles DefendMyRep to all remedies in § 10.
9. Dispute procedure (mandatory pre-arbitration)
- Email intel@defendmyrep.com within ten (10) days of the invoice date, subject "Dispute — [Invoice #]". State the specific deliverable, expected behavior, observed behavior, and requested remedy.
- The engagement director responds within ten (10) business days with findings.
- If unresolved, parties enter good-faith mediation for thirty (30) days.
- If still unresolved, the matter proceeds to binding arbitration per § 14.
Failure to follow this procedure before initiating a chargeback or payment reversal is a per se breach and waives any defense to collection.
10. Remedies for unauthorized payment reversal
If Client initiates a chargeback, ACH reversal, or payment dispute in violation of § 8, Client agrees that DefendMyRep is entitled to recover, as liquidated damages and not as a penalty, the sum of:
- The full disputed amount, plus
- A $250 administrative fee per disputed transaction, plus
- All bank, card-network, and gateway penalty fees actually incurred, plus
- Interest at 1.5% per month from the original invoice date, plus
- All collection costs under § 11, including reasonable attorneys' fees and court costs.
The parties acknowledge that actual damages from such breach are difficult to quantify and the foregoing is a reasonable estimate. Client further authorizes DefendMyRep to submit transactional records, signed Engagement Letters, delivery logs, communications, and audit posteriors as documentary evidence to the card network, acquiring bank, or arbitrator.
11. Collections, credit reporting & attorney's fees
Past-due balances more than thirty (30) days delinquent are referred to a licensed third-party collections agency or counsel of DefendMyRep's choosing. Client agrees that:
- Account status may be reported to commercial credit bureaus (D&B, Experian Business, Equifax Business).
- DefendMyRep may pursue judgment in any court of competent jurisdiction and, where statute permits, file a UCC-1 lien on Client's business assets.
- Client shall reimburse all collection costs, including agency commissions (commonly 25–50% of recovered amount), filing fees, process-server fees, deposition costs, expert fees, and reasonable attorneys' fees at prevailing market rates, whether or not litigation is filed.
- Acceptance of partial payment does not waive any portion of the balance, fees, or remedies.
See the full Collections Policy.
12. Refund policy
See the full Refund Policy. In summary: forensic baselines carry a fit-refund within seven (7) days of delivery; crisis activations are non-refundable upon mobilization; retainers are pro-rated only for fully-unused billing periods. No refund eliminates the No-Chargeback Covenant in § 8.
13. Confidentiality & non-disparagement
Both parties hold engagement details in strict confidence. During the engagement and for twenty-four (24) months thereafter, neither party shall publicly disparage the other. DefendMyRep reserves all rights to truthful statements made in collections, arbitration, or litigation, and to disclose the existence of a contractual relationship to courts, regulators, card networks, and bureaus.
14. Mandatory arbitration & class-action waiver
All disputes, claims, or controversies arising out of or relating to these Terms, the Engagement Letter, or the services — including the validity, scope, or enforceability of this arbitration clause — shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, seated in New York County, New York, before a single arbitrator. The arbitrator's award is final and enforceable in any court of competent jurisdiction. Client waives any right to participate in a class, collective, or representative action. Either party may seek temporary injunctive relief in court to protect confidential information or intellectual property pending arbitration.
15. Governing law & venue
These Terms are governed by the laws of the State of New York, excluding conflict-of-law principles. Subject to § 14, exclusive venue lies in New York County, New York.
16. Intellectual property
Site content, the audit, the published model, copy, visual design, and all deliverables are the property of DefendMyRep. Client receives a limited, non-exclusive, non-transferable, internal-use license to deliverables upon full payment. Scraping, copying, or reusing Site content without written permission is prohibited and triggers § 10-style liquidated damages.
17. Limitation of liability
Site use is at Client's own risk. To the maximum extent permitted by law, total liability for any claim is capped at the fees actually paid by Client in the three (3) months preceding the claim. DefendMyRep is not liable for indirect, incidental, consequential, special, or punitive damages.
18. Indemnification
Client shall indemnify and hold harmless DefendMyRep, its officers, employees, and contractors against any third-party claim arising from Client's content, instructions, or breach of these Terms.
19. Survival
Sections 8 (No-Chargeback), 10 (Remedies), 11 (Collections), 13 (Confidentiality), 14 (Arbitration), 15 (Governing Law), 17 (Limitation), and 18 (Indemnification) survive termination of any engagement.
20. Severability & entire agreement
If any provision is held unenforceable, the remainder remains in full effect. These Terms, the Privacy Policy, the Collections Policy, the Refund Policy, and the signed Engagement Letter constitute the entire agreement and supersede all prior negotiations.
21. Updates
Material changes are posted here with an updated date. Continued use constitutes acceptance.
22. Contact
Legal: legal@defendmyrep.com. Billing: billing@defendmyrep.com.
23. Legal operator
DefendMyRep is operated by Ganbaru Kodo Limited, No. 5, 17/F STRAND 50, 50 BONHAM STRAND, SHEUNG WAN, HONG KONG.