BY PAYING ANY ALL ABOUT IT INVOICE OR SUBMITTING ANY ALL ABOUT IT PAYMENT IN FULL YOU ARE AGREEING TO THE FOLLOWING TERMS, CONDITIONS and POLICIES.
This contract is validating from when the initial payment is made and is terminating when the services are complete or listed revisions. From here on All About It, LLC will be referred to as (“Consultant”) and you will be referred to as (“Client).
a. Whereas the Consultant will perform social media and/or branding services designed to boost the social media presence and brand of the Client.
a. The Consultant will render services to the Client on the date that payment for the service is made in full and will continue until services are completed according to the completion criteria laid out in section (Section 17).
i. The Client will provide the Consultant with the following:
ii. 4 – 24 hour email and call response time
iii. Necessary content to complete the services listed above
b. The Consultant understands that the Clients purpose for contracting the Consultant is to deliver on the services to ultimately result in an increase in the Clients brand recognition, business sales and/or profit. However, since the Consultant is not a partner in the Clients business nor apart of the everyday business activity of the Clients business, the Consultant should not and can not be held liable if an increase in sales and/or profit and/or brand recognition is not met, as long as the services are being delivered on, therefore a lack of sales growth and/or profit and/or brand recognition is not reason to terminate this agreement penalty free or grounds for a refund.
c. The services cited represent a complete list of the Consultant’s contractual obligations. The Consultant may elect to provide additional services when deemed necessary. Should this occur, the Client will not be billed for additional services. However, the performance of additional services in one period does not obligate the Consultant to provide such additional services in future periods.
a. The Consultant will establish and/or optimize the Client’s social media presence and/or brand across the agreed upon platforms with the service(s) listed for a mutually agreed invoiced amount.
b. The Consultant will accept payment via Credit Card, Debit Card, and/or ACH Payments through Vcita Invoicing.
c. Once payment for the period has been made in full, the Consultant will start services listed .
5. Completion Time
a. Estimated Completion is 7 - 10 days from full payment and completion of needed forms.
b. It is mutually understood that if there is a delay by the client in getting the Consultant t the information needed to complete the services listed above from the Client this can result in a later completion date.
c. The Consultant and the Client must work together to complete the services listed in a timely manner. The Consultant agrees to work expeditiously to complete the services listed. The Client agrees to supply the Consultant the complete text, graphics content, and all materials needed for Consultant to perform its duties in a timely manner.
d. Both the Consultant and the Client agree that if the Client, tells the Consultant to "make the decision the Consultant thinks is best" or expresses to the Consultant " I (the Client) trust your (the Consultants) decision,” that the Consultant will use best efforts to represent the Client’s wellbeing and persona. It should also be understood that there is a possibility that the Client will not like the decisions that the Consultant made which will result in a change and ultimately take more time for Consultant to perform its duties; however, the Consultant should not be at fault if the power to make the decision was given to the Consultant by the Client, so long as errors are cured within the time period required within this agreement.
e. Both the Consultant and the Client agree that time is of the essence: Information requests must be exchanged and forwarded in a timely manner. Both parties agree that a delay in the exchange of requested information affects the timely delivery of Consultant’s services.
6. Account Access & Authorization
a. If needed, 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, and responses to user comments, and emails.
b. 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 (3rd) party. However, the Consultant has the Client’s permission to use this information with 3rd party applications, companies and systems to establish and/or optimize the Client’s social media presence. The Consultant will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions or use made or done in connection with any third-party
7. Right to Created Content
a. The Client will retain the right to all content created by the Consultant for the Client, while under contract, and 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.
b. 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 (3) for profit.
8. Rights to Name and Logo Use
a. Client hereby grants the Consultant the express right to use Client’s logo and/or name, even if not created by the Consultant, in marketing, sales, financial, and public relations materials and other communications solely to identify Client as the Consultants customer. The Consultant hereby grants to Client the express right to use the Consultants logo and/or name solely to identify the Consultant as a provider of services to Client. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.
9. Liability Waiver
a. 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.
b. It is understood by the client that the formula used by the Consultant to grow the Clients following requires the Consultant to target followers from pages similar to the services offered by the Client. It is also understood by the Client that with this formula it is possible that spam pages could unintentionally be followed by the Consultant on the Clients behalf. If this occurs the Consultant will unfollow the spam page immediately when notified by the Client. Although unfortunate, this action shall not be a valid reason to terminate this agreement without penalty or to request a refund in funds.
c. 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 across all affected platforms within twenty-four (24) hours.
10. Service Interruption
a. 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, edits, 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 upon ten (10) days’ prior written notice to the other party.
11. Amendments & Addendums
a. This contract 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. Should such a need arise, the amendment or addendum must be and can only be drawn up by the Consultant as a separate document, signed by both parties indicating the “New” agreement, and a copy of the signed document must be provided to the Client and the Consultant.
12. Cure Period
a. No failure by either party to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement by such party unless and until the non-breaching party has provided the breaching party with written notice specifying such failure(s) and the breaching party has failed to cure such breach within thirty (5) days after receipt of such notice.
13. Governing Law
This agreement shall be governed by and construed in accordance with the internal laws of the State of Maryland, U.S.A., without reference to any conflicts of law provisions.
14. Client Model Release
a. Consultant may use the photos for purposes related to promoting the Consultants consulting services and/or photography line of business. This includes but is not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional websites. For company use without direct sales to another "company" or third-parties.
b. Client may use the photos for purposes related to the promotion of Clients business or brand. This includes but is not limited to: social media, advertising, portfolios, composite cards, exhibitions, contests, and promotional websites.
c. Client will not sell, transfer publication rights, or publish outside of personal promotion, any of the Photos without Consultant prior consent.
d. Consultant has the moral right to be identified as the author of the Photos when copies of the Photos are presented to the public, and shall communicate this to publishers, designers, and other third parties acting on Clients behalf to create presentation material using the Photos.
a. In the event that any provision of this agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Confidentiality Clause
a. The Client hereto shall keep confidential any information obtained from the Consultant (except as required by applicable laws) including but not limited to know-how, data, results, formulas, inventions, and any associated intellectual property, that is made, discovered, created, invented or generated by the Consultant and shared with the Client in order to deliver services.
b. The Client can not resell, distribute, or share, in any way, know-how, data, results, formulas, inventions, and any associated intellectual property, that is made, discovered, created, invented or generated by the Consultant and shared with the Client in order to deliver services.
17. Completion Criteria
a. Consultant shall have fulfilled its obligation to the Client under this agreement, when any one of the following first occurs: Consultant deliveries all the services as described under Consultants Responsibilities. The number of allowed Revisions, laid out has been reached.
b. The Clients like or dislike of a completed service does not constitute non-completion if the services list have been completed and also does not constitute a refund.
a. The Client shall indemnify and hold harmless the Consultant from and against all Claims that it may suffer from or incur and that arise or result primarily from (i) the Company’s operation of its business, (ii) the Company’s breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party, or (iii) the Company’s breach of any of its obligations, agreements, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the Consultant.
a. Refunds are given at the Consultants discretion. No refund will be given after services have been started.
19. Terms of Service
a. By executing this agreement the Client is also agreeing to the Terms of Service listed on the Consultants site (allabout-it.com)
20. Entire Agreement
a. Should either party violate the terms of or fail to meet the obligations set forth in this agreement, such action will render the opposing party free from any further contractual obligation.