Master BPO Retainer Agreement & Terms of Service

1. Purpose & Scope of Services

Lefyx LLC ("Lefyx") operates as an institutional Business Process Outsourcing (BPO) agency providing dedicated outbound sales development representatives (SDRs), customer service support squads, and proprietary acquisitions software infrastructure (Lefyx Acquisitions OS) for professional real estate investors, cash home buyers, and growing enterprises ("Client").

Services provided include dedicated cold-calling outreach to motivated property owner lists, customer support ticket and inbound call management, live call qualification under Lefyx's strict 4-Pillars Protocol, audio recording compilation, initial property condition documentation, and turnkey deal dossier dispatch to the Client Acquisitions Portal.

Lefyx LLC is not a licensed real estate brokerage, escrow agency, mortgage originator, lender, or legal counsel. All real estate purchase and sale contracts, earnest money escrows, assignments, and property transactions remain the sole business discretion and responsibility of the Client Organization.

2. The 4-Pillars Standard & Lead Replacement Warranty

Every qualified seller lead dispatched to Client must undergo auditing and approval by the Lefyx Quality Assurance (QA) Desk, satisfying all four fundamental qualification pillars:

• Pillar 1: Property Condition: Verified documentation of property state (e.g., roof age, HVAC condition, deferred maintenance, foundation, needed repairs) identifying situational distress.
• Pillar 2: Liquidation Timeline: Seller must have an actionable intention to sell within 0–90 calendar days (or under immediate situational pressure such as probate, tax arrears, or pre-foreclosure).
• Pillar 3: Explicit Motivation Driver: A verifiable, documented catalyst for an off-market cash sale (e.g., inherited property, tired landlord, relocation, financial distress, estate liquidation).
• Pillar 4: Discounted Asking Price / Anchor Spread: An actionable pricing expectation positioned below Fair Market Value or willingness to review an as-is discounted cash offer.

Lead Replacement Warranty: In the event a delivered deal is audited and shown to have materially failed the 4-Pillars standard at the time of the call, Client may flag the record in their portal within forty-eight (48) hours of receipt. Upon verification by the QA Desk, Lefyx will immediately credit a replacement certified lead to the Client queue at no additional charge.

3. Retainer Fees, Pod Tiers & Auto-Renewal Terms

Client services are provisioned pursuant to the selected Pod Tier:

• Acquisitions BYO Pod: $2,500.00 USD per 30-day billing cycle. Includes 2 Dedicated Outbound SDRs. Client provides telephony, dialer platform, and data lists. Exclusive metro lock included.
• Acquisitions Turnkey Pod: $3,000.00 USD per 30-day billing cycle. Includes 2 Dedicated Outbound SDRs. Lefyx covers and provides multi-line dialer, spam-scrubbed local DIDs, and skip-traced distressed seller data. Priority QA Desk and exclusive territory lock included.
• Customer Service Squad: $2,500.00 USD per 30-day billing cycle. Includes 2 Dedicated Support Agents handling inbound/outbound customer care, tickets, and CRM updates. Multi-line dialer and telephony provided by Lefyx.
• Scale Squad (4 Dedicated Agents): $4,750.00 USD per 30-day billing cycle ($250/mo savings). Includes dedicated operations manager and custom workflow routing.
• Enterprise Squad (8 Dedicated Agents): $9,200.00 USD per 30-day billing cycle ($800/mo savings). Includes dedicated QA supervisor, priority onboarding, and custom CRM API integration.

Automated Billing & Authorization: Retainer subscriptions are billed automatically on a recurring 30-day cycle via Stripe. Payment is due in advance of the service period. Client authorizes Lefyx to initiate recurring charges against the designated payment method on file.

Cancellation & Pausing: Client may cancel or pause the recurring subscription by providing at least fourteen (14) calendar days written notice prior to the upcoming renewal date via the Client Portal billing tab or email to sales@lefyx.com. Fees paid for an active 30-day cycle are strictly non-refundable once outbound dialing or support shifts for that billing cycle have commenced.

4. Bring Your Own (BYO) Infrastructure & Third-Party Liability Waiver

Where Client selects the BYO Pod tier or provides their own data lists, phone numbers, telephony infrastructure, or dialer systems:

• Client Compliance Responsibility: Client warrants and represents that all data, leads, phone lists, and telecommunications accounts supplied to Lefyx comply fully with all federal, state, and local laws, including TCPA, TSR, state telemarketing registration requirements, and STIR/SHAKEN / 10DLC carrier compliance regulations.
• Indemnification & Hold Harmless: Client agrees to defend, indemnify, and hold completely harmless Lefyx LLC, its members, managers, employees, and assigned agents from and against any and all claims, regulatory inquiries, fines, class action lawsuits, damages, or legal expenses arising directly or indirectly from Client-supplied lists, phone numbers, or dialer configurations.
• Carrier & Termination Fees: Client is exclusively responsible for all per-minute calling charges, SMS termination fees, and dialer platform licenses incurred on Client-owned telecommunications systems.

5. Strict Anti-Poaching & Non-Solicitation Covenant ($25,000 Liquidated Damages)

Lefyx LLC invests substantial financial and operational resources in recruiting, vetting, training, managing, and quality-controlling its specialized outbound SDRs, customer care agents, and QA personnel.

Client covenants and agrees that neither Client, nor any affiliate, subsidiary, officer, employee, or agent thereof, shall directly or indirectly solicit, recruit, hire, engage, contract with, or employ any Lefyx SDR, agent, specialist, or staff member introduced or assigned to Client during the term of this Agreement and for a period of twenty-four (24) months following the termination of this Agreement, without the prior written consent of Lefyx LLC.

Liquidated Damages: In the event of a breach of this non-solicitation covenant, Client shall pay to Lefyx LLC, as reasonable liquidated damages and not as a penalty, the sum of $25,000.00 USD per individual solicited or hired. Both parties agree that this amount represents a reasonable pre-estimate of Lefyx's actual damages, including the costs of recruitment, specialized training, and operational disruption.

6. Market Territory Exclusivity Covenant

To eliminate internal competition and protect Client deal margins, Lefyx strictly caps acquisitions operations to no more than two operators per designated Metropolitan Statistical Area (MSA).

During the term of an active, fully paid subscription, Lefyx covenants that it will not deploy a competing cold-calling pod targeting the identical asset criteria in the Client's locked primary geographic zone beyond this strict two-operator cap.

7. Regulatory Compliance, TCPA & DNC Safe Harbor

Lefyx strictly adheres to telecommunications regulations, including the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), the Telemarketing Sales Rule (TSR, 16 C.F.R. Part 310), and Federal Communications Commission (FCC) guidelines.

On all Lefyx Turnkey campaigns, calling records are scrubbed against the National Do Not Call (DNC) Registry and internal company suppression lists. Any property owner requesting suppression is immediately flagged and permanently suppressed within 24 hours. Client covenants that all subsequent contact, offer dispatch, and closing negotiations conducted by Client will be in strict compliance with all local, state, and federal laws.

8. Limitation of Liability & Consequential Damages Waiver

To the maximum extent permitted by applicable law, in no event shall Lefyx LLC, its members, managers, or employees be liable to Client for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, real estate transaction spreads, data, goodwill, or business opportunity, arising out of or in connection with this Agreement or the services provided.

Lefyx LLC's maximum cumulative aggregate liability under or relating to this Agreement, regardless of the form of action, shall be strictly limited to the actual subscription retainer fee paid by Client to Lefyx LLC during the thirty (30) calendar days immediately preceding the event giving rise to liability.

9. Chargeback Prohibition & Enforcement

Client explicitly agrees to resolve any billing inquiries or disputes through good-faith written communication with Lefyx LLC. Disputing legitimate recurring subscription charges or initiating credit card chargebacks through financial institutions without prior formal written mediation constitutes a material breach of this Agreement.

In the event of an unjustified chargeback, Client shall be liable for all collection costs, administrative fees, statutory interest at 18% APR (or the highest legal rate), and reasonable attorneys' fees incurred by Lefyx LLC in defending and recovering the disputed funds.

10. Data Ownership & Intellectual Property

Client Ownership: Client retains full and exclusive commercial ownership of all seller leads, property dossiers, seller contact details, customer support tickets, and executed purchase contracts generated specifically for Client under this Agreement.

Lefyx Ownership: Lefyx LLC retains exclusive ownership of all software code, the Lefyx Acquisitions OS platform, proprietary SDR training manuals, telecommunication dialer configurations, algorithms, and 4-Pillars auditing systems. Client receives a revocable, non-transferable license to access the Lefyx Acquisitions OS portal solely during the active term of their subscription.

11. Lefyx Closer Desk Delegation & Irrevocable Title Escrow Disbursement

11.1 Delegation Authorization & 10% Closing Fee: Where Client elects within the Lefyx Acquisitions OS portal to delegate an acquisition lead to the Lefyx Elite Closer Desk, Client grants Lefyx LLC full authority to negotiate terms, interface with property sellers and end cash buyers, execute assignments of contract, and coordinate escrow closing. In consideration for closing services rendered, Client irrevocably agrees to pay Lefyx LLC ten percent (10.0%) of the gross assignment fee or net wholesale spread realized upon transaction completion.

11.2 Direct Title Company Disbursement & Escrow Instructions: All fees due to Lefyx LLC under Closer Desk engagements shall be disbursed directly from the Title Company or Closing Attorney handling the real estate transaction. Client hereby authorizes and irrevocably instructs the designated Title Company / Escrow Agent to itemize Lefyx LLC's 10% fee on the final Settlement Statement (ALTA / HUD-1) and issue a direct commercial wire or ACH transfer to Lefyx LLC concurrently with title disbursement, prior to releasing net proceeds to Client.

11.3 Strict Non-Circumvention & Liquidated Damages: Client covenants and agrees that it shall not, directly or indirectly, contact, negotiate with, assign, close, or contract with any seller, buyer, or entity introduced through a Lefyx Closer Desk delegation for the purpose of avoiding, reducing, or bypassing Lefyx LLC's 10% fee. Any breach of this covenant shall trigger immediate liquidated damages equal to one hundred percent (100%) of the projected assignment fee or a minimum statutory fee of $10,000.00 USD (whichever is greater), together with all reasonable attorneys' fees, court costs, and pre-judgment interest incurred by Lefyx LLC in enforcement.

12. Governing Law & Exclusive Jurisdiction

This Agreement and any dispute, controversy, or claim arising out of or relating to it shall be governed by, and construed in accordance with, the laws of the State of New Mexico, United States of America, without giving effect to any principles of conflicts of law.

Both parties agree that any legal action, suit, or proceeding arising out of this Agreement shall be instituted exclusively in the state or federal courts located in Bernalillo County, State of New Mexico.

13. Corporate Inquiries & Legal Notices

For formal legal notices, contract administration, or compliance inquiries, official correspondence must be directed to: