Article 1 – Marketing Consulting
Hiring of MB Marketing. By executing this payment, the Client hires MB Marketing to design and develop marketing strategies for Client as previously agreed upon. These services may change based upon written or verbal agreement between both the Client and MB Marketing. MB Marketing makes no guarantees of results for marketing.
Article 2 – Fees
2.1 MB Marketing may charge fees according to any written or verbal estimates. These fees are reflected by this invoice. The fees for this invoice may a monthly recurring subscription, or may be a deposit for work to be completed.
2.2 Deposit. MB Marketing may request the Client to provide a deposit prior to commencement of any work requiring MB Marketing to provide design services. Should Client terminate this Agreement prior to completion of the design services, MB Marketing may elect not to refund the retainer. All fees must be paid before final delivery of a product.
2.3 Reimbursement. Client shall reimburse MB Marketing for all actual expenses incurred by MB Marketing on behalf of Client, except expenses specified in the Scope of Services. Client shall reimburse MB Marketing within 15 days from the date on the Invoice requesting reimbursement.
2.4 Refunds – MB Marketing will not provide any refunds for services rendered. Client acknowledges that chargebacks on credit cards are prohibited. All sales are final.
Article 3 – Confidentiality
3.1 Confidentiality. The Client shall notify MB Marketing if any of the information provided by the Client is confidential (“Confidential Information”). MB Marketing shall not disclose any Confidential Information without Client’s express permission. The Client shall not disclose any information provided by MB Marketing that MB Marketing describes to the Client as confidential.
3.2 PII Policy. Parties shall abide by PII Policy pursuant to Exhibit B. PII Policy may be updated by MB Marketing at any time.
3.3 Industry Requirements. Client shall review PII Policy and inform MB Marketing in writing of any additional compliance requirements specific for the industry.
Article 4 – Termination
4.1 Notice Requirement. Either party may terminate this Agreement by providing a 30-day notice to the other party. Services will not be prorated from the date of cancellation.
Article 5- Provision of services
5.1 Quality of Services. MB Marketing shall perform the Services using sound professional practices and in a competent and professional manner. MB Marketing shall not provide any guarantees for the results of marketing consulting services.
5.2 Content. Client shall not deliver any Content to MB Marketing that (i) it does not own or have right to use; or
(ii) is defamatory, libelous, or otherwise actionable. Client shall deliver Content that MB Marketing may use without attribution.
5.3 Communication. Client shall respond to MB Marketing’s communication within 2 business days. Should Client fail to provide information necessary for MB Marketing to perform services, MB Marketing may stop providing certain services until the Client provides necessary information and the monthly fee remaining collectable and unaffected in its entire amount. For design projects where the client does not provide required feedback for at least 30 days, MB Marketing may implement a monthly fee of one percent of the total project or $25.
5.4 Compliance Client shall inform MB Marketing in writing about any industry compliance or industry ethics requirements prior to MB Marketing’s commencement of work. Client shall identify in writing the type marketing materials or services requiring Client’s approval prior to the publication and the type marketing materials or services that do not require Client’s approval.
Article 6 – General Provisions
6.1 Assignment and Delegation. MB Marketing may assign its rights or delegate its obligations under this Agreement to a third party.
6.2 Merger This Agreement states the final and exclusive agreement between the Parties regarding the transaction that this Agreement contemplates.
6.3 Counterparts. The parties may execute this Agreement in counterparts, each of which is an original, but all of which constitute only one agreement between the parties.
6.4 Severability If any provision of this Agreement is illegal or unenforceable, that provision is severed from the Agreement, and the other provisions remain in effect only if the essential business and legal provisions are enforceable.
6.5 Governing Law The laws of the State of Texas (without giving effect to its conflicts of law principles) govern all matters arising under or relating to this Agreement, including torts. Proper venue to resolve any disputes is Tarrant County, Texas.
6.7. Jury Trial Waiver If there is a court proceeding, the parties may waive their right to a jury trial and agree that a judge will hear and determine the dispute.
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