This document is subject to change. Last Updated: November 13, 2019
- No work will start without a signed contract and a deposit.
- Each project will start with a kick-off meeting. By starting off each client relationship with a strategic outlook, we are able to provide and maintain a timeline with milestones and deadlines.
- For every project, we offer three rounds of edits. Most of our clients only use one round of edits. Following these guidelines when gathering edits can really move the process along and keep us all on track:
- Only ask relevant parties for input.
As much as we love your Aunt Sally, it is not necessary to ask her for input. Everybody that you ask will most likely have edits because they like you and you’re asking them to find edits so they will find edits… because they like you! So the more people you ask, the more edits we will have and the more likely it is that some edits are conflicting.
- Consider the audience before you consider the words.
When hiring a copywriter, it is very common for clients to consider each word, comma, and colon rather than the context in which they are presented. Our copywriters write persuasive copy that is intended to attract and engage your ideal client first, Google second, and media third. Our intention is not to get the best grade in English class. When editing we are hoping to uncover any major issues, such as broken links or statements that do not accurately represent your company. (Just to be clear: we would get the best grade in any English class, but your clients probably don’t care about that!)
- We give three edits, but you can use as many as you want.
You have three rounds of edits. If you need more, we will accommodate at our hourly rate, but this jeopardizes our timeline. We find most clients use one round of edits, but if you use less than three, it’s not a sunk cost. We will be moving on to the next section and possibly beat the deadline as a result!
- Only ask relevant parties for input.
- We offer three rounds of edits and you can make as many changes as you’d like each time, even if that means starting fresh. That being said, once the work has been created and you have submitted your edits, even if you decide to go another route entirely, you will be billed for the work completed.
Disclaimer of Warranties
Responsible Parties: Agency and Client
Abask Marketing herein serves as the agency.
“Client” refers to all representatives of our client. If you wish to designate only certain people on your team as the official representative, please let us know via email: email@example.com
- Abask Marketing will gladly correct any spelling or grammatical errors at any time, as long as the original content provided by Abask Marketing has not been altered in any way. These changes will be made as quickly as possible given our schedule. After deliverables have been accepted by our client, should the copy undergo any changes by anyone other than an appointed representative of Abask Marketing, the copy is no longer covered by our guarantee.
- No deadlines are guaranteed. Throughout our projects, we endeavor to meet all the deadlines set but we are reliant on clients to provide feedback and info at times. Force Majeure: Should unforeseeable circumstances prevent Abask from fulfilling a contract or meeting a deadline, our client will indemnify and provide grace time, if appropriate.
- Social Media Services will not require acceptance by you prior to posting. Abask Marketing will serve as your representative and post and respond to messages and comments on all social media sites without prior approval. The client will indemnify Abask from any errors made on social media. Any errors will be corrected as soon as possible.
- Our client is responsible for performing the following in a reasonable and timely manner:
(a) coordination of any decision-making with parties other than Abask Marketing;
(b) final proofreading and in the event that our client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, our client shall incur the cost of correcting such errors outside of our Guarantee (as laid out above)
(c) monitoring of all social media sites to ensure acceptance of posts. If for any reason, you are not happy with a public post, all actions possible will be taken to remove said post from public feeds, but our client must understand that public information is digitally archived online and complete removal is not possible.
- All feedback and updates will be shared through our project management system. Having clients all around the world has allowed us to put processes in place so that we can communicate and share no matter the location. This allows us to track work and our progress easier. With everyone on the same page regardless of time zone, we are able to move fast and meet deadlines consistently.
- If we are unable to access necessary software (websites, social networks, etc.) this can hinder our ability to complete our work and meet our deadlines. If we are denied the necessary access for 30 days, we will consider our contract terminated.
- Abask Marketing is not responsible for marketing content that is created by employees of our client, whether the content is posted publicly or not.
Payments, Surcharges, and Late Fees
- All unpaid work remains the property of Abask Marketing.
- All projects require a deposit prior to work starting. A specific project billing schedule will be provided as part of your proposal, but we usually require payment in three installments: first payment will act as a deposit, second upon receipt of first draft, and final upon final sign off and PRIOR to the delivery of final documents. If a project is abandoned, payment is expected to cover the work completed, i.e. if project is abandoned prior to first draft, the deposit will be considered payment.
- Monthly retainer fees are paid one month IN ADVANCE. Monthly retainers have a three-month minimum. You MUST give 30 days notice of cancellation of your monthly retainer.
- A monthly service charge of 1.5% is payable on all overdue balances that are more than thirty (30) days past the initial due date. Payments will be credited first to late payment charges and next to the unpaid balance. Our client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Abask Marketing reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full, which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes.
- A surcharge of 5% will be added to any items that you request we purchase on your behalf.
Intellectual Property Rights
Ownership of Intellectual Property: Abask agrees that each marketing campaign is a work made for hire. Upon complete payment by our client, any Intellectual Property Rights will become the sole and exclusive property of the buyer and will be deemed to be the author thereof.
- We reserve the right to use the work we complete for clients in our portfolio unless you request otherwise via email: firstname.lastname@example.org
- We reserve the right to tag any digitally-published materials online with a link to our website, unless you request otherwise via email: email@example.com
- All work must be used legally and ethically. We will never knowingly produce content, or work with companies that produce content, that is nasty, mean, or stolen. If you need more specifics, please let us know!
- All artwork (including, but not limited to stock photography and designs) is licensed for one purpose and cannot be used for any other purpose. For example, if an image is used in a Facebook post, it is meant for that Facebook post and cannot be used elsewhere or with different content on Facebook.
- Each party, its agents, and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third-party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Statement of Work except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third-party without an obligation of confidentiality.
Warranties and Representations
- By Client.
Our clients must represent, warrant, and promise to Abask Marketing that: (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
- By Abask Marketing
(a) Abask Marketing hereby represents, warrants and covenants to our client that Abask Marketing will provide the Services identified in our contract in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.
(b) Except for the express representations and warranties stated in this agreement, Abask Marketing makes no warranties whatsoever, Abask Marketing explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.
- Our client must agree to indemnify, save and hold harmless Abask Marketing from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Abask Marketing shall promptly notify Client in writing of any claim or suit;
(a) Client has sole control of the defense and all related settlement negotiations; and
(b) Abask Marketing provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Abask Marketing in providing such assistance.
The services and the work product of Abask Marketing are sold “as is.” In all circumstances, the maximum liability of Abask Marketing, its directors, officers, employees, design agents and affiliates (“Abask Marketing Parties”), to Client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of Abask Marketing. In no event shall Abask Marketing be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Abask Marketing, even if Abask Marketing has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Abask Marketing is not responsible for any work completed by our Client or Client’s employees.
OUR CANCELLATION POLICY
If, for any reason, you need to cancel our contract, please provide your request in writing. If we do not receive any communication from you for 30 days, we will consider our contract canceled. The contract will terminate at the end of that billing cycle. All payments are non-refundable. All work that is complete, approved, and paid for will be handed over to you. Anything incomplete, any unlicensed artwork, or scheduled posts remain the property of Abask Marketing.