This page serves as the TERMS for clients conducting business with Marketing Java, Inc., or guests of the website and blog under the same name. Short or one-time services likewise fall under these TERMS and acceptance of our services confirms you agree to these TERMS, whether or not a formal agreement has been signed.
TAKE NOTE: This document and all contents of this site are copyrighted by law.
Service Agreement and Non-Disclosure
This agreement confirms an understanding between “Client” and Marketing Java, Inc., (“Consultant”) and their assigns and subsidiaries. It is agreed that Consultant will provide business support services for Client on an “as needed” basis. The terms of this agreement are limited only by the length of time each party wishes to maintain this business relationship and this Agreement protects the rights of both parties and outlines the terms of their relationship.
1:Provision of Service
It is understood that Consultant acts as an independent service provider and is not considered contractually obligated or restricted in their other business endeavors or relationships. Consultant will be involved in other service projects with other Clients, and because of such endeavors, services for the Client will be provided in the timeliest manner possible, without Consultant compromising other projects. Client will always be advised on expected time frames for implementation and completion of their projects.
2: Provision of Estimate
If the project warrants it, Client will be provided Estimate, which will outline fees associated with a particular project. Where the project scope requires it, said roposal will include any competitive research, Client conferences and submission for publication for print or web media. Estimate does not include the purchase of stock or custom photography or illustrations; any required artwork of this nature and their usage rights, including electronic photo scans or other services, not referenced in the Estimate will be submitted for Client approval and billed in addition to the Estimate if approved by Client prior. This will also apply if Client’s project requires professional photography/videography and printing services.
3: Method of Approval
By approving this Agreement, Client authorizes Consultant to begin activities to meet Client’s request for services, “Deliverables”. Client agrees they will receive an outlined Estimate for their project, either in writing or verbally, depending on the scope of work requested. Client will approve all information verbally and/or in writing prior to implementation of any project and Consultant will not commence with activity related to the project without authorization.
4: Requirements of Client
Client may be provided information for review throughout the course of the project that could require feedback to the Consultant. Client agrees to notify Consultant no less than 5 business days following such submission for review. Accepted projects will proceed to the next step toward completion and if not accepted, Consultant will make needed changes according to Client’s request and resubmit for the next review. Client understands that if they delay in getting Consultant approval, items for meeting deliverable timelines, or feedback in relation to their project, Consultant may need to pauseClient’s project, pushing the expected completion date for Deliverables out.
5: Fees, Charges, Expenses, Retainer
Consultant’s customary rate is $125.00 per hour and may be subject to change without notice, though updated pricing Terms will be located on the Marketing Java website under www.marketingjava.com/terms. Client will be responsible for any incidental and out-of-pocket expenses including overnight courier, service bureaus, artwork, print or Internet media, publication, production, hosting and domain charges. For any and all unforeseen, but necessary external fees, Consultant will immediately notify Client of such charges, prior to such charges being incurred in order to meet the Deliverables date and keep within the Client’s projected budget. For consulting services, Client will receive a monthly invoice for the previous month’s consults.
Some clients elect to have Consultant’s services on Retainer Basis. The customary rate for a retainer is $1500.00, whereas Client has the convenience of contacting Consultant for advice and guidance on an “as needed” basis. Once the Retainer balance has approximately $250.00 remaining, Client will be asked to remit funds to bring the balance back to $1500.00. Client will be provided a monthly accounting of what time has been used and what remains of the retainer.
6: Payment for Services
Invoices are due and payable upon receipt. Any unpaid amount can bear interest at a rate of one and one half percent (1.5%) per month. If services remain unpaid for a period of one month or more, Consultant reserves the right to suspend all service and place on hold all pending or completed information or projects until payment is made in full. In the event Client’s account goes unresolved, Consultant can forward Client’s account to an attorney for collection of all fees and expenses due. Client will be liable for said collection fees (attorney, court and service) in addition to the past due amount, with interest, if granted by the court. Client agrees that in the event their firm ceases to exist, Consultant will still be paid for services rendered, and any expenses incurred, either by an authorized signer, or other authorized agent of the Client firm. If Client wishes to conclude service prior to completion, Consultant will remit a Final Billing for services rendered to the point of said conclusion of services.
7: Intellectual Property Provisions
Preliminary sketches, concepts and ideas provided by the Consultant remain their exclusive property. Any Client content shall remain their sole property and they warrant that the use as it relates to Deliverables grants Consultant a nonexclusive, nontransferable license to use, reproduce, modify, display and publish strictly for the purposes of meeting Client’s request for service. Any Third Party Materials are the exclusive property of their respective owners and both Consultant and Client warrant that if used and provided at their direction, all applicable releases/licenses for use have or will be acquired.
8: Confidentiality and Non-Disclosure, Promotion
It is agreed that all strategies, professional, proprietary and trade secrets, critical data, login credentials, and customer information or references, of both parties are to remain strictly confidential. Consultant’s and Client’s staff and subcontractors are also bound by this Agreement. Client and Consultant will, in limited and discretionary matters, allow for the reference of their name or business in discussion, a portfolio or in writing to other professionals for the sole purpose of attaining new business or providing reference to former projects. Consultant and Client will not engage in conduct that would reflect poorly on the operations or professional image of either party. Consultant maintains a blog, website and other social media channels. Select the option you prefer:
☐ Client permits Consultant to mention them (Client) for the purpose of promotion or recognition on their (Consultant’s) social media channels or website
☐ Client forbids Consultant from mentioning them (Client) for the purpose of promotion or recognition on their (Consultant’s) social media channels or website
Consultant and Client do and will remain completely removed from the operational and management issues of the other party. Client understands that while Consultant might negotiate printing or other production services on behalf of Client, they are in no way responsible for operations of said outside bureau. Neither party will be liable to the other or third parties for any losses, delays, or other service problems due to causes within or outside the Client or Consultant’s realm of control. Each party agrees to indemnify and hold harmless the other. Neither party can be implemented in a suit brought against the other.
10: Mediation and Arbitration
The parties agree that any claim or dispute relating to this agreement, or any other matters, disputes, or claims between us, shall be subject to non-binding mediation if agreed to by you and us within 30 days of you or us making a request to the other by letter. Any such mediation shall be conducted according to the Policies and Procedures outlined by the Colorado Office of Dispute Resolution. We further agree that should mediation not resolve the claim or dispute between us, the matter will be resolved by binding arbitration administered by a mutually agreed upon arbitrator in Colorado.
Either party may terminate this agreement at any time with confirmed written or verbal notice to the other
Once again, TAKE NOTE: This document and all contents of this site are copyrighted by law.