Insert Catchy Title is a division of Ken Collins Marketing. We will always do our best to fulfill your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong. In this contract you will not find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing an agreement you might later regret. We do want what’s best for both parties, now and in the future.
NOTE: These first sections will contain language applicable to all Ken Collins Marketing products and services. Below that, please find the section applicable to the product(s) and/or service(s) you wish to purchase from us.
WHAT DO BOTH PARTIES AGREE TO DO?
As our customer, you have the power, and ability, to enter into this contract on behalf of your company or organization.
You agree to provide us with everything that we need to complete the project including text, images, administrative access, login information, and other information as needed, when needed, and in the format we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner. Deadlines work two ways, so we both will be bound by any dates we set together. You also agree to stick to the payment schedule set out in the product/service package you purchase.
We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in a timely manner. In addition, we will also maintain the confidentiality of any information you provide us.
We are not able to guarantee the functions contained in any of our products to be always be completely error-free, and therefore you agree we will not be held liable to you, or any third party, for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to use or operate our completed products or services, even if you have advised us of the possibilities of such damages.
If any provision of this agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork and/or materials you provide us for inclusion in your product or service are either owned by you, or you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements we create for you for this project (if applicable). We will give you a copy of all files and you should store them securely and safely as we are not required to keep them or provide any native source files we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them.
We are sure you understand how important it is as a small business for you to pay the invoices we send you in a prompt and timely manner. We are also sure you will want to stay friends, and you therefore agree to stick tight to the payment schedule described within the product or service you wish to purchase.
For all retainer services, we require at least a 60-day notification of cancellation. Monthly retainers will be cancelled in 60 days. Retainers longer than monthly will be cancelled at the end of the retainer if we receive notification at least 60 days prior to the end of the retainer period.
We do not offer refunds for any product or service. Any fees paid to Ken Collins Marketing are non-refundable. You may cancel a retainer service prior to the end of the retainer, but no pro-rated refund will be offered.
If we have incorrectly charged you for a product or service you did not request, and we are notified prior to providing those products or services, we will promptly refund your money in full.
To keep your cost low we do not include any in-person meetings with our design, marketing, or development teams. Ken will be happy to meet with you on request for a reasonable number of meetings and for a reasonable amount of time. Any time, deemed by Ken, to exceed that will be billed at his $150 per hour fee. You will be notified in advance if Ken deems any meeting to require billing.
But where is all the horrible small print? Although the language is simple, the intentions of this document are serious. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it shall remain in place.
KEEP US INFORMED
Keep us informed about how things are going on your end, and we’ll do the same. Let’s make this a fun, exciting, professional, and profitable relationship that lasts!