Service Terms & Conditions
Marketing Unlimited provides the following Terms and Conditions for all its clients. Marketing Unlimited will be referred to as Agency and any client of Marketing Unlimited will be referred to as Client in the following disclaimer.
1. Terms & Conditions
All material and processes provided by the Agency are considered proprietary and are intended only for the intended recipient. Sharing of Agency documents or materials with third parties is not allowed. We do not guarantee performance or sales conversions, as there are many variables outside of the Agency’s control.
Either party may end this agreement at any time for any reason. The last payment will be prorated to the cancelation date. Cancelation will be complete within 24 hours of phone call or email, Monday through Friday during working hours.
By engaging in business with Agency, Client has affirmed to have read and understood this entire disclaimer and agree to be subject to all its terms and conditions.
2. Service Fees
Client shall pay to Agency a service fee to fulfill the responsibilities of the services provided for Client. Monthly payment is due upon receipt of invoice from Agency and is considered late after 30 days. If payment is not recieved after 90 days then the Agency, at its discretion, may choose to apply a 2% late fee for every month the payment is late until the balance is paid in full. For website design services, work will not begin until the first payment is received. Fees may change at any time for any reason. Client will receive notification of any changes in fees prior to any new charges.
Service fees do not include the cost of advertising media such as pay-per-click accounts, email marketing, domain name acquisition, marketing graphics/images or other services that may be requested by Client. At any time, Client may cancel all digital marketing services without penalty, following a written request. Digital marketing services are billed monthly in arrears and are automatically renewed if notice of cancellation is not received by Agency. Web design ownership will not be transferred from Agency to Client until all web design fees are paid in full. Web design work will not begin until the first web design payment is received.
Client authorizes Agency to charge Client’s credit and bank card for fees and expenses for services being rendered on an ongoing basis, on behalf of Client and Client’s organization.
3. Initial Set-up
Client shall furnish Agency with such information as is reasonably requested by Agency to perform contracted marketing and/or web design services. Agency will not be held accountable for services that cannot be adequately performed without such requested information.
4. Force Majeure
Agency cannot be held responsible for service fulfillment failures due to acts of nature, war or other unforeseen events directly affecting the ability of to perform contracted services. Agency will notify client of any such events and provide a course of action to resolve any conflicts.
5. Services to Competitors/Confidentiality
Client acknowledges that Agency may provide services to businesses, which may compete with Client. Agency services local, national and international clients. Agency will not disclose information confidential to Client to any third party. All information delivered between Agency and Client is considered confidential.
6. Intellectual Property
Media accounts, marketing creative and web properties created by Agency on behalf of Client will remain the property of Client provided that payments for the services rendered are in good standing. Agency will provide all account information, login information, source code and account access to all resources created to perform the contracted services. Media accounts, marketing creative and web properties designed for Client outside of this agreement will not be bound by the terms of this agreement and will be governed by a unique and new agreement pertaining directly to said creations.
7. Indemnification
Client hereby indemnifies and holds Agency harmless from any fees, liabilities, claims, losses, damages or penalties, including, but not limited to, payment of copyright royalties, legal matters or any damages resulting from any intellectual property or other infringement claims, incurred by Agency as a result of the placement of Client's advertisements. The provisions of this paragraph shall survive the termination of this Agreement.
8. Construction/Jurisdiction
This agreement shall be governed by and construed under the laws of the State that the Agency is headquartered. For any legal dispute between the parties arising from this agreement, the district court of the county that the Agency is headquartered in shall have exclusive jurisdiction. The prevailing party shall be awarded costs and reasonable attorney fees. Prior to the commencement of any legal action, both parties shall make a good faith effort to resolve any disputes.
9. Term
This agreement shall commence upon the date of which adequate information can be provided to execute the outlined services. Either party may terminate this agreement at any time and for any reason by giving the other party written notice (traditional mail or email). Should Client fail to make service fee payments as set forth in Section 2 above within 30 days of invoice, Agency may immediately terminate this agreement, or, in the alternative, discontinue services until payment is received. Termination of the agreement does not eliminate Client's obligation to pay Agency any fees or other charges incurred under this agreement.