Marketing Mechanics, LLC

Marketing Mechanics has always honored our 100% Guarantee and will continue to do so, however there is information that has been left out or, to our deep confusion, lied about
The Facts of the Contract
For our client, Mrand Mrs***, we offered to following marketing coaching package:
60-minute jump start coaching session with follow up 45-minute coaching sessionsThese sessions are telephonic.
Above and Beyond
We care deeply about our clients and do everything we can to help them succeedWe went above and beyond our contract for our client in the following ways:1)The client was in such desperate need for clarity and help that we moved our schedule around the very next day, under hours, to meet with them.2)Though the sessions were only telephonic, we traveled to their physical location for an in-person session due to concerns that both could not adequately hear us over the phoneWe also were ready to find a way to meet in-person for the remaining sessions
3)Though the first session on September 23, was to be 60-minutes, we arrived on time and stayed an additional minutes just to make sure the next steps were clear.4)Though the sessions are normally over a 3-month period, we agreed to accommodate their request of condensing the meetings into a single monthAfter our first session, when the client asked for more time between the sessions, we again accommodated them.The 100% GuaranteeThe 100% Guarantee, which was both in the documentation sent to the client via email and in the Terms and Conditions of the *** invoice they agreed to and a paid on September 22, 2015, reads as follows:[ If after the first two sessions you aren't seeing where and how this focus and clarity can help or in any way feel you are not comfortable with the coaching, then I will try to fix the problemIf I cannot, I will give a full 100% refund]
Violation of Contract / Reason for Lack of RefundWe believe in what we doIt works and works wellEach strategy session is tailored to a client’s specific needs, personality and situationThere are only two main requirements for a refund: First the client must notify us of a problem (lack of results and clarity) and second they must allow us a chance to remedy the problem with additional coaching, strategies.Neither of these requirements were met. 1)The client canceled our second in-person appointment for October 9, In their email they stated they had “made tremendous progress” thanks to the coaching and homework assigned during our first meeting on September 23, They had made good contacts with potential clients/partners, they were building a strong contract database, they got clarity on how to handle the website and found an interesting system that might fit their needsThese are results thanks to our jump start session - fantastic ones we are proud ofOur reply was: [ Great progress! Why don’t we set a new date then, how long do you need?] There was no reply.2)A rescheduling follemail was sent on October 13, and declined with no firm schedule date. 3)Another rescheduling follemail was sent on October 28, to which we received a voicemail requesting a phone conversation.4)On our telephonic conversation on November 9, the client requested a full refund because they had found a new system they wished to useNo complaint, no request for us to fix a problemIn fact, as per the October 9, email, they had “made tremendous progress.”
Attempted Mediation and Middle GroundDuring our conversation on November 9, we explained the facts of our 100% Guarantee only to be met with open hostilityThis saddens us greatlyNo, it saddens me, *** ***, greatlyLet me break out of legal speak a minute to just say I really, really care about my clients. I care so deeply that I’ve tried multiple times to schedule for in-person meetups, something I never doI care so deeply that when they were hurting and desperate for clarity and for her and her husband to be on the same page, I moved my schedule around to see them the very next dayI am very, very sad by what has transpired, by the reactions that I’ve received and by the way this is being handled. Back into legal speak: During the telephonic conversation we offered the client a 30% refund, though nowhere in our guarantee do we owe them this We offer it as a concession and a hope that it will help our client in their new endeavorWe again do not owe this, but offer it because we care.The client replied by threatening to sue multiple times and then hung up the phone rather than accept.We still extend this offer