Terms & Conditions
1. Digital Marketing & Lead Generation Cost & Payments: Client agrees to pay the proposal/agreement fees each month for services. Services will be billed a month in advance if initial fee waived, and payments will be due on the first day of the month. Journalname has the right to terminate the agreement with a seven-day notice in the event the services are not pre-paid for by the client.
Pricing is based on current scope of work. In the event additional services are required or there is a major change in the scope of work, then Journalname LLC reserves the right to adjust our pricing. In the event the travel required to fulfill these services is more than 10 miles, then
Journalname shall be reimbursed for expenses incurred. All expenses must be pre-approved by the Client. Non-Refundable Invoice, Journalname LLC maintain no refund or cancellation policy of any paid fees.
In the event of any business assets being disabled, Suspended or restricted, the service will be paused till access is reinstated. Journalname LLC will not issue a refund or accept any liability.
2. Late Payments: Any amount not paid when due will bear late fees from the due date until paid at a rate equal to 10% per month on late invoices.
3. Advertising Network Fees: Client solely responsible for all Advertising Network fees and paid inclusion fees and must maintain adequate funds in any third-party accounts in order to maintain inclusion in these resources. e.g. Google AdWords, Facebook, Amazon or others.
4. Additional Services: Journalname may provide additional services including but not limited to training, photography or video services based on the client’s request. Journalname will do this via the services listed in Addendum.
5. Period of Agreement: The agreement will automatically renew from the date the agreement is unless a written notice of either party’s intent to the other that they will not be renewing is provided 45 days prior to the renewal date.
Either party may terminate the agreement with 30-day written notice. In the event the Client exercises this 30-day out clause prior to the end of the initial term, all digital intellectual property will remain under the ownership of Journalname. Should the client wish to transfer the ownership of the intellectual property, all monies for the remainder of the agreement (prior to final termination date) will become due (per section 1 of this agreement). Client agrees to give required access to Journalname to complete its work. Journalname will use best efforts to work to finish out providing services for the final 30 days.
6. Content: Client agrees to provide all content required (text, articles, photos, graphics, videos, etc.) for the support of Journalname’s efforts.
7. Additional Tools/Software & Cost: Journalname may require certain tool/software/services to support our efforts. Client agrees to be responsible for all cost one time or monthly for such tools/software. Journalname agrees that it will not purchase or subscribe to such software without pre-approval from the Client
8. Additional Services Fees: In the event the Client would like to use Journalname for services outside of the scope of services additional charges may apply. In the event Journalname is asked to do hourly work outside of the scope of this agreement (Addendum A), then the following charges will apply: Journalname Hourly Fee: $75.00 per hour
9. Work Credit: Client agrees to allow Journalname to use clients name and website for company promotions, online portfolio, past clients list, on social media, in print material, etc. for advertising and promoting Journalname’s services to other companies.
10. Assignment of Project: Journalname reserves the right to assign certain subcontractors to this project if it sees the need to do so in order to meet the requirements of this agreement.
11. Non-Disclosure: Quotes and pricing terms are negotiated between Client and Journalname and may be unique to the Client. Therefore, and except as otherwise provided by law, the Client hereby agrees to keep the pricing arrangement confidential for a period of no less than three (3) years from the date of the signed quote. The client will not use this Confidential Information in furtherance of its business, or the business of anyone else, whether or not in competition with Journalname.
12. Performance Liability: WHEREAS, the parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, Journalname can make no guarantee on the results that may be provided as a result of our work. Journalname represents that in good faith it shall make every effort to ensure that the clients digital marketing is successful and leads are generated as a result of our work.
Journalname does not warrant that the functions supplied by its work, web pages, digital marketing, consultation, advice, or work will meet the Client’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free. The entire risk as to the quality and performance of the work and deliverables is with Client.
In no event, will Journalname be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services or website(s), even if Journalname has been advised of the possibility of such damages.
Provider SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS, LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF Provider IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
13. Agreement Revisions: Revisions to this Agreement will be considered agreed to by Journalname and Client when requested changes have been signed by both parties.
14. Termination: Journalname may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. If the Client fails to comply with the terms of this Agreement and Journalname refers the matter to an attorney, the Client agrees to pay reasonable attorney fees and agrees to compensate Journalname for other collection costs and expenses it may occur.
15. Entire Understanding: The agreement constitutes the sole agreement between Journalname and Client regarding the use of services. It becomes effective only when signed by both parties.
16. Force Majeure: Non-performance by either party hereunder, other than an obligation to pay money, shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, acts of God, or any other reason to the extent that the failure to perform is beyond the control of the non-performing party.
17. Fax/Scanned Copy/Electronically of Signature: Both parties agree that a faxed or scanned copy/ electronically of the signed document by either or both parties shall be considered acceptable, legal, and legally binding.
18. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to such state's principles of conflicts of law. The legal jurisdiction for this agreement shall reside in Delaware, and all legal proceedings shall take place in Delaware, USA. If Client becomes thirty (30) or more days past due, the Services shall be suspended until all past repaid, and Client shall be in default of this Agreement. If it becomes necessary for Provider to enforce this Agreement through an attorney, collection agency, or directly through small claims court, Client shall pay all attorney’s fees, agency fees, court costs, and other collections costs, including without limitation post-judgment costs for legal services at trial and appellate levels. Delinquency may affect Client’s
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