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Terms And Conditions

Each Client of Webspearmint LLC will have to review and accept this agreement prior to work being performed.

This agreement is for the security and safety of the client as well as Webspearmint LLC

Overview

This agreement contains a working document of services and terms/conditions between the client and Webspearmint LLC. Please read carefully and accept the terms of the given questionnaire which will be required for us to start our services. When the word consultant is used throughout, this stands for anyone working under or with Webspearmint LLC and representing our brand.

Compensation

  • The Consultant will manage the Client’s social media presence, SEO, Web design, and other Digital Marketing services for a reoccurring charge of the plan agreed upon or project rate. See your proposal for details.
  • Upon the proposal and contract being a time-based contract or end date specified, the consultant is not responsible for work outlined but not performed due to client’s timeline, changes to the scope, suspension or other circumstances.
  • The Consultant will be sending a recurring invoice to client view email once a month or weekly depending on the proposal. Each invoice is due within 2 weeks of it being sent.
  • In the event that the Client fails to pay the Consultant by 2 weeks (14 days) after the invoice is sent, the Consultant will cease to provide services until payment is received and will incur a 2% weekly (7 days) interest charge.
  • Once payment for the period has been made in full, the Consultant will resume provision of services. Should a suspension of services occur, the complete payment will be necessary to resume services – a prorated amount will not be provided.
  • Upon cancellation, Webspearmint will proportionate a refund based on weeks performed to the end of that week generalizing at 4 weeks in a month Ex: 2 weeks would be 50% of the compensation or continue services until the end of the month. Whichever the client prefers.
  • Upon cancellation of project-based pay agreement, Webspearmint holds the right to determine a percentage of work that was done (within reason) and charge the percent of the overall project rate.

Account Access & Authorization

  • The Consultant is authorized by the Client to assume the identity of the Client in all social media interactions on the internet including, but not limited to, status updates, blog posts, online forum discussions and message board posts, comments, likes, following, unfollowing and responses to user comments. This also includes access to websites, hosting, and google accounts of business for SEO and Web design purposes.
  • The Client will demonstrate this authorization by providing URLs, usernames, and passwords for all of its social mediums and new accounts created under the client’s company name.
  • The Consultant will hold the Client’s URLs, usernames, and passwords in confidence. The consultant will not share this information under any circumstances, nor will the Consultant sell this information to a third (3 rd ) party. Data can be deleted at any time upon request by the client.

 Rights to Created Content

  • The Client will retain the right to all content created by the Consultant for the Client, while under contract, ad infinitum. However, the Client may not distribute for profit any content created by the Consultant for the Client, while under contract, without the written consent of the Consultant.
  • Furthermore, the Consultant will retain the right to use any and all content created by the Consultant for the Client , while under contract, for the purpose of (1) providing samples of the Consultant’s work or (2) instruction – including, but not limited to, presentations , lectures, webinars, and published material in any medium.

Access to Client Information

  • In order to accurately determine ROI (Return on Investment), the Consultant will, from time to time, ask for financial and customer information from the Client. Requests will be made directly to the Client in person, over the phone, or in writing. After receiving the answer, the Consultant will store the information in the Client ’ s physical folder and an electronic record will be deleted.
  • The Consultant will not share this information under any circumstances, nor will the Consultant sell this information to a third (3 rd ) party.

Liability Waiver

  • Establishing a social media presence and initiating a two – way flow of communication between the Client and the public can have unintended consequences on the Client’s reputation. Should this occur, the Client waives its right to hold the Consultant responsible for any damage and/or liability that may arise from the Consultant’s actions on behalf of the Client.
  • This bodes for Wed design, SEO, and any other services provided by Webspearmint.
  • If at any time, the Client does not agree with actions taken by the Consultant on its behalf, it must notify the Consultant in writing. If the Consultant receives such a communication, the Consultant will post a retraction and apology across all affected platforms within twenty – four ( 24 ) hours.
  • Webspearmint will ensure it is following safe and honorable practices with the clients Instagram account, community interactions, and content. But is not held liable in case of a ban, deletion, or any other unforeseen disasters that can happen to an account.

Service Interruption

Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, laws , proclamations, ed its, ordinances or regulations, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day – to – day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement at upon ten (10) days’ prior written notice to the other party.

Amendments & Addendums

This agreement is to be considered complete and final. However, the field of social media is rapidly changing and said changes may necessitate amendment or addition to this contract. Webspearmint holds the right to change, modify, remove, or amend anything to the client agreement terms and conditions. Webspearmint will immediately notify and confirm with every client the change.

Entire Agreement

Should either party violate the terms of or fail to meet the obligations set forth in this contract, such action will render the opposing party free from any further contractual obligation.

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