Terms & Conditions
This AGREEMENT made and entered into by and between YOUR COMPANY (hereinafter “COMPANY”), and LaBella Creative, LLC (hereinafter “CONTRACTOR”), also known as Car Gal Marketing WHEREAS COMPANY wishes to obtain the professional services offered by the CONTRACTOR; and WHEREAS, CONTRACTOR wishes to provide professional services to COMPANY under the terms and conditions set forth in this AGREEMENT; NOW, THEREFORE in consideration of the mutual promises and covenants herein contained, the parties agree to the Articles as follows:
SCOPE OF WORK: COMPANY does hereby retain and engage CONTRACTOR in his/her professional capacity to provide online marketing and/or website development services. CONTRACTOR is an independent contractor and shall be solely responsible for payment of all taxes and/or insurance as required by federal and state law.
PERIOD OF PERFORMANCE: This agreement is for a three month commitment and then month-to-month until either party terminates this agreement with a 21-day notice in writing by email to lori@cargalmarketing.com.
SOFTWARE: CONTRACTOR may provide to COMPANY its technologies and CRM while the client is an active client in good standing with any marketing program.
ADVERTISING SPEND: COMPANY is responsible for paying advertising spend (adspend) directly to Google and Facebook. COMPANY must maintain credit funds to pay for advertising spent to avoid any interruptions. COMPANY must inform CONTRACTOR if any changes are necessary in advertising budgets and allow 24 hours for new advertising budget to reflect in advertising platform.
HOSTING: CONTRACTOR hosts landing pages and website while engaged in any active marketing plan or program with COMPANY.
COMPENSATION: COMPANY shall compensate the CONTRACTOR as outlined in this agreement. Monthly services are billed automatically on the same date as the contract execution date prior to services rendered. Non-payment of the monthly services will result in an interruption of services, and software use. All payments are non-refundable.
OWNERSHIP OF WORK PRODUCT/INTELLECTUAL PROPERTY: COMPANY owns leads records.
CONFIDENTIAL INFORMATION: COMPANY agrees to make available to CONTRACTOR such information as is necessary for the fulfillment of the AGREEMENT. CONTRACTOR agrees to accept and hold CONFIDENTIAL INFORMATION obtained from COMPANY in confidence at all times during and after the termination of this AGREEMENT. CONTRACTOR shall not use nor disclose such information, unless, until, and to the extent, COMPANY shall consent thereto in writing, or such information, know-how, inventions, discoveries, and ideas are or shall become generally available to the public, or such disclosure is otherwise required by law.
WARRANTIES AND LIABILITY OF CONTRACTOR: In performing the work under this Agreement, CONTRACTOR shall only use authorized materials in the content created for the COMPANY, and shall not use the copyrighted works of third parties. CONTRACTOR does not guarantee the copyright permissions of previous content provided to the CONTRACTOR by the COMPANY prior to this Agreement.
WARRANTIES AND LIABILITY OF COMPANY: Except for liability scenarios where CONTRACTOR owes a duty to indemnify COMPANY as described herein, the COMPANY shall indemnify and hold CONTRACTOR harmless from any and all liability resulting from COMPANY’s use of the work produced by CONTRACTOR under this Agreement.
JURISDICTION AND DISPUTES: Any and all claims and actions arising out of the Agreement shall be exclusively arbitrated in Cuyahoga County, State of Ohio, in accordance with prevailing Rules & Regulations of the American Arbitration Association. Arbitration is nonbinding.
AGREEMENT BINDING ON SUCCESSORS: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
WAIVER: No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
INTEGRATION: This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.