Terms of Service

01Acceptance of these terms

These Terms are published at freequinntflyer.com/terms and are incorporated by reference into every invoice, engagement letter, and written scope we issue. You accept these Terms and enter into the Agreement when you do any of the following: sign or return an engagement letter; pay an invoice or deposit in whole or in part; instruct us in writing to begin work; or accept any analysis, recommendation, itinerary, or booking we deliver. No handwritten signature is required.

If you do not agree to these Terms, do not pay an invoice and do not ask us to begin work. The version of these Terms in effect on the date your engagement begins governs that engagement.

02Services

We provide points and miles consulting services, which may include credit card spending analysis and portfolio recommendations, award flight and hotel booking assistance, and related advisory services, as described in your Engagement Letter. We provide only the services described there. Anything not described in your Engagement Letter is outside the scope of the engagement and requires a new or amended written scope and fee, which we may accept or decline.

03Not a travel agency; not financial, tax, legal, or credit advice

We are not a travel agency, tour operator, seller of travel, ticketing agent, bank, broker-dealer, investment adviser, credit counselor, credit repair organization, tax adviser, or law firm. We do not issue tickets, we do not take custody of your points, miles, funds, or accounts, and we do not act as your agent with any airline, hotel, loyalty program, or card issuer. Nothing we provide is financial, investment, tax, legal, or credit-repair advice. Applying for credit may affect your credit report and credit score. Every decision to apply for, use, or close a credit account, to transfer points, or to make a booking is yours alone, made in your own accounts and in your own name.

04Your responsibilities

You agree to provide complete, accurate, and timely information, including spending records, points and miles balances, existing card and account details in redacted form, travel dates, traveler names exactly as they appear on government-issued identification, and any constraint we should know about. Our analysis and recommendations are only as good as the information you give us, and we are not responsible for any result caused by information that was incomplete, inaccurate, or out of date. You are responsible for reviewing every itinerary, name, date, routing, and fare or award before and after booking, and for confirming passports, visas, entry requirements, and health requirements for your trip.

Do not send us passwords, online banking or loyalty account credentials, full credit card numbers, Social Security numbers, or government identification numbers. Please redact account numbers on any statement you send. If you send us such information anyway, you do so at your own risk, and we may delete it without using it.

05Fees and payment

Fees are stated in your Engagement Letter and are due as stated there. Unless the Engagement Letter says otherwise, fees are due at the time of service and in all events within [ten (10)] days of the invoice date, and we may require payment in full before we deliver any analysis, recommendation, itinerary, or booking detail. Time is of the essence with respect to payment. Our fees cover our time, analysis, and expertise only. You remain solely responsible for all third-party amounts, including ticket and reservation costs, taxes, carrier-imposed surcharges, award redemption and close-in booking fees, points transfer fees, change and cancellation fees, annual card fees, and any charge imposed by an airline, hotel, loyalty program, or card issuer. Fees do not include, and we will not advance, any of those amounts. Fees are exclusive of any applicable sales or use tax, which is your responsibility.

Fees are earned when the corresponding work is performed and are not contingent on any outcome, on award availability, on approval of any credit application, or on the number of points or miles you earn or redeem. Rates for services requested after the initial engagement are our then-current rates.

06Nonpayment

The following apply if any amount owed to us is not paid when due. These remedies are cumulative and are in addition to every other remedy available to us at law or in equity, and our failure to exercise any of them promptly is not a waiver of it.

• (a)Interest on past-due amounts accrues from the due date until paid at one and one-half percent (1.5%) per month (eighteen percent (18%) per year) or the maximum rate permitted by South Carolina law, whichever is less.
• (b)We may suspend or terminate all work immediately, without further notice and without liability, if any amount is [five (5)] or more days past due, and may withhold every deliverable, itinerary, confirmation number, and other work product until we are paid in full. All timelines are extended day-for-day by any period of suspension.
• (c)All work product remains our property, and any license to you to use it is expressly conditioned on payment in full. Use of unpaid work product is a material breach of this Agreement and an infringement of our intellectual property rights.
• (d)You agree to pay all costs of collection, including reasonable attorneys’ fees, court costs, filing and service fees, collection agency fees, expert fees, and expenses, whether or not suit is filed, and including costs of enforcing a judgment and of any appeal or bankruptcy proceeding.
• (e)A fee of $[35] applies to any payment that is returned, declined, or reversed, in addition to any charge imposed by your financial institution.
• (f)Before initiating any chargeback, dispute, or payment reversal, you agree to contact us and allow [ten (10)] days to resolve the matter. You agree not to initiate a chargeback for services performed, and you agree that doing so is a material breach. If a chargeback is withdrawn or resolved in our favor, you agree to reimburse our costs of responding, including processor fees and reasonable attorneys’ fees. This paragraph does not waive any right you have under applicable law or card network rules.
• (g)If any installment or recurring payment is more than [ten (10)] days past due, all remaining amounts owed become immediately due and payable at our option.
• (h)If any amount remains unpaid [thirty (30)] days after its due date, we may refer the account to a collection agency or to counsel and may report the debt to the extent permitted by applicable law.
• (i)All amounts must be paid in full without setoff, deduction, counterclaim, or withholding. We may apply payments first to costs of collection, then to accrued interest, then to the oldest outstanding invoice.
• (j)We may decline to accept future engagements from any client with an unpaid balance and may require prepayment for any future work.

07Cancellation and refunds

You may cancel an engagement with thirty (30) days’ written notice. If you cancel before we begin work, we will refund amounts paid less a [$100] administrative charge [and less any non-refundable retainer]. If you cancel after we begin work, fees are earned to the extent of the work performed and are non-refundable, and any balance for work performed remains due. Once we have delivered an analysis, recommendation, roadmap, or completed booking, the corresponding fee is fully earned and non-refundable. Fees are not refundable because award availability changed, because a credit application was denied, because a loyalty program devalued its currency or changed its rules, because you chose not to follow a recommendation, or because your travel plans changed. We may terminate an engagement at any time on written notice, in which case we will refund the portion of fees allocable to work not yet performed.

08No guarantees

Airlines, hotels, loyalty programs, and credit card issuers control award availability, award pricing, transfer ratios and transfer times, welcome offers, application and eligibility rules, and program terms, and may change, restrict, devalue, or discontinue any of them at any time without notice. We do not guarantee award availability, any specific fare, award price, seat, cabin, room, or upgrade, approval of any credit application, receipt of any welcome offer, bonus, or referral bonus, the timing of any points transfer, or the future value of any points or miles. Points transfers are generally irreversible; you are responsible for confirming availability before transferring points. Our recommendations reflect our professional judgment based on the information you provide and on program rules as they exist at the time of our work, and we have no obligation to update them afterward unless your Engagement Letter includes ongoing advisory services.

We make no guarantee as to the transfer times of credit card points to airline and hotel partners and are not responsible for any third-party delays. Transfer times of credit card points to airline and hotel partners are generally instant, but at other times can take longer. If points transfers take longer than normal, there is a risk that flights may not be available once the points post to your airline account.

09Referral and affiliate compensation

We may receive compensation — monetary, points, miles, or another incentive — when a client applies for a financial product or service through our referral or affiliate link. We work to ensure that any product or service we recommend is the best available offer for your circumstances, and we will disclose when referral compensation applies. You are never required to use a referral link and may apply for any recommended product directly. This disclosure supplements, and does not replace, the advertiser disclosure published on our website.

10Confidentiality and data

We will keep your financial and personal information confidential and will use it only to provide the services, except where disclosure is required by law or is necessary to enforce this Agreement or collect amounts owed. We may retain records of the engagement for our business, tax, and legal purposes. We may describe the engagement in anonymized, non-identifying terms. We will not use your name, image, or testimonial publicly without your consent. Our handling of information collected through our website is described in our online privacy policy. No method of electronic transmission or storage is completely secure, and you accept the ordinary risks of communicating by email and messaging. We do not store any personally identifiable information (PII). However, upon request, we will delete or otherwise destroy your personal information with one (1) business days of a request being submitted.

11Intellectual property

All analyses, recommendations, roadmaps, spreadsheets, models, templates, methodologies, and our proprietary decision-support tool are and remain our exclusive property. On payment in full, you receive a limited, non-exclusive, non-transferable license to use the deliverables prepared for you for your own personal or internal business purposes. You may not resell, publish, distribute, post, or share the deliverables or our tool with any third party, use them to provide similar services to others, or reverse engineer our methodology.

12Disclaimer of warranties

Except as expressly stated in this Agreement, our services are provided on an “as is” and “as available” basis, and to the fullest extent permitted by law we disclaim all warranties, express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will produce any particular result, saving, award, or amount of points or miles.

13Limitation of liability

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to this Agreement or our services will not exceed the total fees you actually paid us for the engagement giving rise to the claim. We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost points, miles, elite status, welcome offers, bonuses, upgrades, profits, business opportunities, or the cost of substitute travel, even if we were advised of the possibility of those damages. We are not liable for the acts, omissions, schedule changes, cancellations, denied boarding, program changes, devaluations, account closures, clawbacks, or insolvency of any airline, hotel, loyalty program, credit card issuer, bank, or other third party, or for any consequence of your own decision to apply for credit, transfer points, or make a booking.

14Indemnification

You agree to indemnify, defend, and hold harmless FreeQuinnt Flyer and its owners, members, employees, and contractors from and against any claim, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to information you provided that was inaccurate or incomplete, your violation of any loyalty program, card issuer, airline, or hotel term or rule, your misuse of our deliverables, your breach of this Agreement, or your travel.

15Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including illness, natural disaster, severe weather, labor action, government action, war, civil unrest, pandemic, airline or program system outages, or failures of internet, telecommunications, or third-party platforms.

16Term and termination

The engagement begins when you accept these Terms as described in Section 01 and continues until the described services are completed or the engagement is terminated. Either of us may terminate on thirty (30) days’ written notice. Termination does not affect your obligation to pay for services performed through the date of termination or any amount already past due. Sections concerning fees, nonpayment, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and venue survive termination.

17Dispute resolution

Before filing any action, the party raising a dispute will give the other written notice describing the dispute and the relief sought, and the parties will confer in good faith for [thirty (30)] days to attempt to resolve it. [Optional: If the dispute is not resolved, the parties will first attempt to resolve it through non-binding mediation in Charleston County, South Carolina, with the costs of the mediator shared equally.] This section does not apply to, and does not delay, an action by us to collect unpaid fees or to protect our intellectual property.

Any claim must be brought within one (1) year after the claim arises, to the fullest extent permitted by law, and any claim not brought within that period is permanently barred. Each of us waives any right to bring or participate in a class, collective, or representative action. In any action arising out of or relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

18Governing law and venue

This Agreement, and any dispute or claim arising out of or relating to it or to our services, is governed by the laws of the State of South Carolina, without regard to its conflict of laws principles. The exclusive venue for any action, suit, or proceeding is the state courts located in Charleston County, South Carolina, and the United States District Court for the District of South Carolina, Charleston Division. Each party irrevocably consents to the personal jurisdiction of those courts and waives any objection based on venue, jurisdiction, or forum non conveniens. To the fullest extent permitted by law, each party waives any right to a trial by jury.

19Communications and electronic signatures

You consent to receive communications, invoices, deliverables, and notices from us by email and to the use of electronic signatures, which have the same effect as handwritten signatures. Notices to us should be sent to [email address] and to [mailing address]; notices to you will be sent to the email or mailing address in your Engagement Letter. Each of us is responsible for keeping our contact information current.

20Changes to these terms

We may update these Terms prospectively for new engagements by posting a revised version at freequinntflyer.com/terms with a new effective date and version number. Changes do not apply retroactively: the version in effect on the date your engagement begins governs that engagement for its duration. Terms already agreed for an open engagement may be amended only in a writing signed or expressly accepted in writing by both of us. We keep prior versions of these Terms on file and will provide a copy of the version applicable to your engagement on request.

21General

This Agreement is the entire agreement between us regarding the services and supersedes all prior discussions, proposals, and understandings. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest of the Agreement remains in effect. A waiver of any breach is not a waiver of any other breach. You may not assign this Agreement without our written consent; we may assign it to a successor to our business. We are an independent contractor, and nothing in this Agreement creates a partnership, joint venture, employment, agency, or fiduciary relationship. This Agreement is for the benefit of the parties only and creates no third-party beneficiary rights.

22Contact

Questions about these Terms, or about an engagement, can be sent to [email address]. Written notices under Section 19 should also be sent to [mailing address].