Complaints

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• Initial Complaint

  Date:12/05/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Complaint Against:
  
  Business Name: ****onlineholdings LLC DBA: Elite Results Marketing
  Owner: ***** ****
  Location: 900 SE 5th ST, Bentonville, AR 72712
  Nature of the Complaint:
  
  Failure to Deliver Services: Despite a substantial upfront payment of $5,750 since February, Elite Results Marketing, under ***** ****'s management, has egregiously failed to deliver the fundamental service of a functional website as per the leasing agreement.
  
  Unethical and Coercive Tactics: Elite Results Marketing has unscrupulously used access to sensitive patient data in our GoHighLevel account as a tool for extortion, demanding more payments under the threat of withholding critical business information.
  
  Blatant Disregard for Agreed Terms: Despite repeated attempts at communication and clarification from my side, ***** **** and his company have continually ignored the terms of our agreement, showing a clear pattern of unethical behavior and breach of contract.
  
  Misrepresentation and False Promises: The entire interaction with Elite Results Marketing has been characterized by broken promises, misrepresentations, and a complete failure to adhere to basic contractual obligations.
  Chronology of Events:
  
  Initial Agreement and Payment: The contractual agreement for a total of $14,000 commenced in February, with an initial investment of $5,750.
  Consistent Service Delivery Failure: Over the past 8 months, Elite Results Marketing has failed to deliver a functional website, leading to significant operational disruptions and reputational damage to my company.
  
  Repeated Breaches of Contract: The company's actions, or lack thereof, constitute a series of breaches of contract, culminating in a total failure to provide the agreed service.

  Business Response

  Date: 01/08/2024

  ERM is currently in a contractual dispute with the claimant, Georgetown Allure (“GA”).  ERM was contracted by GA to build a website and provide other related marketing services.  ERM would lease the website for a 24 month period. GA would pay ERM during this period for website construction, web hosting, and ERM would provide GA an online marketing platform.  Each service would be provided for a fee.  As further explained below, GA failed to perform as required under the contract, resulting in termination of services by ERM. Despite this termination, ERM has taken steps to ensure that GA is not harmed.
  
  GA has completely mischaracterized the dispute. This project began about 8 months ago, and the website should have taken 8-10 weeks to complete. GA’s continued (and documented) failures in communication and cooperation resulted in the project taking eight months.  GA continually ignored requests for information from ERM, even using “ChatGTP” to create useless automated responses to ERM’s requests for information. 
  
  During this time, ERM was trying to build a website and providing GA with other services.  Those services included web hosting and provision of a marketing platform.  GA missed a final, critical deadline prior to website launch, so ERM rightfully terminated the contract (per the contract’s terms).  This was after explicit instruction and warning to GA that further missed deadlines would result in termination. GA now owes ERM $4,215 for ERM’s services related to construction of the website. ERM has offered to provide the website to GA without further services, but GA has now unreasonably demanded a refund as well as possession of the website data.  GA clearly wants a free website and is now wrongfully using the BBB as leverage.
  
  ERM has attempted, and continues to attempt, negotiation with GA in good faith to determine a resolution. ERM believes that if GA wants the website, that GA should pay for it. Despite GA’s own breach, GA now wants a free website and marketing platform, and wants reimbursement for services ERM already provided (and continues to support)— services in which GA received benefit.  The claim by GA, if it goes public, is full of misinformation and the intent is clearly to harm ERM without justification. 
  
  This matter may resolve through communications between the parties, or may result in mediation or litigation. This does not appear to be a BBB matter, and regardless, the claimant has retained counsel.  Should you have any questions, or require any further information or communication, please contact me directly. 
  
  

  Customer Answer

  Date: 01/09/2024

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:
  
  Re: BBB Complaint ID ******** against Elite Results Marketing
  
  Dear ****** *******,
  
  Thank you for your attention to this matter and for facilitating this process. I have reviewed the response from Elite Results Marketing (ERM), and I must assert that it contains numerous inaccuracies and continues the pattern of misleading information that has characterized our dealings with them.
  
  Firstly, the core of our agreement with ERM was the lease of a fully functional website. This fundamental service, which was promised within an 8-10 week timeframe, was never delivered even after 8 months. The claim that the delay was due to a lack of communication from our side is entirely unfounded. We have consistently provided all necessary information and have been proactive in our communication. The accusation of using “ChatGPT” for automated responses is a misrepresentation. Our communications have been direct, clear, and professionally handled.
  
  ERM's assertion that they terminated the contract due to our alleged failure to meet deadlines is incorrect. There was never a justifiable basis for termination as per the agreed terms. Moreover, their insistence on additional payment without fulfilling their primary contractual obligation – the delivery of the website – is unreasonable and constitutes a clear breach of contract.
  
  At this stage, Georgetown Allure no longer seeks any form of continued relationship with ERM. We do not desire a "free website" as they have claimed. Our primary concern is the unethical use of our client data, which remains in ERM’s control under the GoHighLevel CRM platform. This data is critical to our business operations and its misuse or withholding by ERM is a serious concern.
  
  Given the circumstances, our desired outcomes are as follows:
  
  1. Immediate transfer of the GoHighLevel account control to Georgetown Allure, ensuring the security and confidentiality of our client information.
  2. A full refund of the $5,750 paid to ERM, as they have failed to deliver the contracted services.
  3. Willingness to engage in mediation to resolve this matter amicably, should ERM agree to this course of action.
  
  We appreciate BBB’s assistance in this dispute and hope for a prompt and fair resolution. Your intervention in facilitating these outcomes would be invaluable. We look forward to your support in ensuring that such unethical practices do not go unchecked and that businesses like ours are protected from exploitation.
  
  Thank you for your time and consideration.
  
  
  Sincerely,
  
  
  
  **** ******

  Business Response

  Date: 01/24/2024

  Dear ****** *******,
  
  Georgetown Allure (“GA”) is asserting that we have miss mischaracterized or represented the situation. However, we have plenty of supporting evidence for what we have stated and would be more than happy to provide you access to the communications between GA and us for you to review.  
  
  This would include the contract and the terms of service as well as the terms of service of our software and email, text, and phone communications where GA openly admits they ignored our team trying to follow up with them to get the required information, materials, and guidance required to complete the project. This has all been well documented and shows the client's need for more attention to the project and the hindrance to its completion, which led us to terminate the agreement as outlined in the terms.
  
  We brought this to the client's attention multiple times, trying to encourage assistance with completing the project. In Oct, we even offered to let the customer discontinue the project and provide them with the work done to date without any additional payment being required, as there were obstacles that seemed to keep preventing GA from paying attention to the project. 
  
  They declined the offer . They agreed in writing to continue the project and to follow the guidelines and timelines we set out, which they continued to miss. On the date we were set to launch the website,  we gave the customer plenty of time to respond and move forward.  Our deadline was crystal clear. GA missed the deadline and it seemed intentional. GA declined to give a response that would have taken two minutes to review and approve formally despite having gone over the details on the phone, so we missed the outlined policy time to approve the launch. GA put our team in a situation where going against policy could have led us to  work into the Thanksgiving holiday. This is more than an inconvenience.  If a technical issue occurred, many 3rd party service providers are unavailable during the holiday, which could have led ongoing frustrations for all involved. The deadline we provided was critical.  Again, GA's failure to meet one last deadline came across as an intentional disregard for following our policy and protocols designed to create smooth transitions for customers that will also not impact our team negatively.
  
  Their continued attempts to be difficult to work with led us to evoke the termination of the agreement, which is very clearly outlined in the terms of our agreement. We have never had to use that clause until now.  It is important to note we have taken steps to make sure GA's existing marketing platform continues to operate, and have further taken steps to secure GA's date.  These are services GA paid us for prior Thanksgiving, and we continue to provide the services despite not receiving payment.  
  
  With all that stated... our council has reached out to theirs to attempt mediation and to settle this multiple times. My attorney has drafted an offer to them to settle the situation, which is more than fair and amicable. The offer involves transferring the marketing program access, which is important to GA, in exchange for a mutual release. We are currently waiting for a response on this from GA and their counsel. 
  
  We want nothing more than to part ways amicably and provide GA with the website we agreed to build for them. Our agreement was canceled due to our many attempts to complete the project and GA hindering that process. 
  
  ERM has an outstanding track record of supporting our clients and, frankly, has never run into someone that we could not work with... our team goes above and beyond for our customers, and we made every attempt to do so for GA.