Terms & Conditions
Tampa SEO | Clearwater Online Marketing | Largo Web Development
Following are the terms and conditions governing all Textus Marketing contracts.
1) Client responsibilities. It’s important that we receive timely approvals and feedback on deliverables (within 24 hours or sooner). No response, lack of timely feedback and/or unavailability of staff will likely slow our schedule and shall not be interpreted as non-performance by Textus Marketing.
2) Pricing. The total price is based on the scope noted above. Any revisions in scope may result in a revision to the total price.
3) Payments. Textus Marketing requires payments as noted in the Pricing section of the contract. Invoices are due on receipt unless otherwise noted. Acceptable forms of payment for services include check, PayPal, Visa, MasterCard and American Express. Payments not made by the due date are subject to the lesser of (a) one and one half percent (1.5%) per month of the overdue amount, or (b) the maximum amount permitted by law. Client is also responsible to pay any collection fees, including reasonable attorney’s fees, incurred by Textus Marketing, for unpaid invoices.
4) Expenses. Third party expenses we incur for media buys, ad placement, cost-per-click advertising, shopping cart, domain registration, website hosting, plug-ins, email marketing system, stock photography, printing, travel, postage, mass mailing, etc., will be paid directly by you unless specified otherwise in the project description above. However, we will not incur additional expenses without your prior written consent.
5) Monthly Managed Services. Monthly Managed Services require a minimum one-year commitment and will renew for subsequent one-year periods until a written cancellation request is received. Cancellation requests must be received at least thirty days prior to the end of any one-year period. Unused monthly hours do not roll over from month to month.
6) Errors and Omissions. It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Textus Marketing is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation. Further, client is responsible for all trademark, service mark, copyright and patent infringement clearance as well as arranging, prior to publication, any necessary legal clearance of materials prepared by Textus Marketing as contracted.
7) Property and Textus Marketing’s Performance. Textus Marketing will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, TextusLLC is not responsible for failure on their part.
8) Lien. All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied.
9) Rights of Ownership. Once a project has been delivered by us and is fully paid for by client, Textus Marketing will assign the reproduction rights of the design for the use(s) described in the proposal. We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media.
10) Liability. In no event will the total liability of Textus Marketing, for any reason whatsoever, be greater than ten percent of the total fees paid for the provision of the scope of services as defined in this agreement.
11) Indemnification. Each party agrees to defend, indemnify and hold the other party and its successors, assignees and their respective directors, shareholders, employees and agents harmless from all claims or demands and related expenses and reasonable attorneys’ fees made by any person for any loss, damage or injury to persons or property arising in any manner (excepting only the gross negligence of the other party), in connection with this Agreement, including without limitation all consequential damages. Further, client agrees to defend, indemnify and hold Textus Marketing and its subsidiaries, affiliates, successors, assignees and their respective directors, shareholders, employees and agents harmless from all claims or demands and related expenses and reasonable attorneys’ fees made by any person for any loss, damage or injury to persons or property arising in any manner in connection with any artwork or content provided by client for use in any designs or work completed by Textus Marketing.