As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text copy, images and/or logos, and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner as well. Deadlines work both ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract. We have the experience and ability to perform the services you need from us, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set, but we can’t be held responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.
Payments Due Upon Signing. Upon submitting a signed Contract, you will be required to pay in full for the first month of service to Advent Trinity Marketing Agency and thereafter, on the same day of each month.
Form of Payment. All prices are cash based. Advent Trinity Marketing Agency only accepts payments through Stripe. Payments must be set up automatically, if on a monthly contract, to be debited each month from the checking account or credit card on file. You are required to inform us promptly of any changes to your payment information.
Payment Late Fees. If payment is not received by the 15th day after being notified of declined payment, we reserve the right to revoke your license for the website(s), e-card(s), and/or social media accounts and suspend the completed work from our hosting servers, as outlined in our Hosting Services Contract (if applicable). A reactivation fee of $150 will be due to reactivate your website, e-card, and/or social media account(s). All late fees are subject to increase from time to time at our sole discretion.
WEBSITE HOSTING As the code we produce contains proprietary functions and/or coding techniques, and the constituent files we use to construct your website are licensed to us, we require that all websites be hosted on servers over which we can administer. This also allows us to provide superior technical support when it comes to editing or modifying your website in the future. Additional terms and conditions are outlined in the Hosting Services Contract.
TECHNICAL SUPPORT Because each website we create resides on hosting servers over which we administrate, we are here to provide you technical support. The level of support you are entitled to depends on the hosting plan you’ve selected. Changes or support outside the scope of your support level will be billed to you at the current support hourly rate. All support requests may be informally submitted via email to Support Email; there is no need to fill out a formal signed request. All support will be handled in triage, and at our earliest availability.
LEGAL CONSIDERATIONS We can’t guarantee that the functions contained in any website templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS You guarantee to us that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them. We are not responsible for copyright infringement and will comply with all legitimate copyright violation notices to the best of our abilities. Upon termination of our services, the copyrights are automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
THE FINE PRINT
Non Transferable. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Law. We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
Force Majeure. Neither of us will be liable to the other for any loss, damage or default occasioned by strike, civil disorder, governmental decree or regulation, acts of God or any other force majeure (collectively, a “Force Majeure Event”). We agree that upon conclusion of a Force Majeure Event, each of us will use commercially reasonable means to recommence full performance of our obligations under the Agreement.
Notice. Any notices to be given under this Agreement by either of us may be affected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested to the addresses set forth in this Agreement unless one of us notifies the other, in writing, of a change of address.
No Other Agreement. This contract contains the entire agreement between us. No part of this Letter of Agreement may be changed, modified, amended or supplemented except in a written document, signed by both of us which specifically states that the document is being signed for the purposes of modifying this Agreement. Each of us acknowledges and agrees that the other has not made any representations, warranties or agreement of any kind, except as expressly described in this Agreement.
Governing Law. This Agreement shall be interpreted in accordance with the laws of Texas. In interpreting this contract, we each hereby acknowledge that we have mutually agreed to the terms of this Agreement and thus waive the protections of any law or statute which provides that in the case of uncertainty not removed by the laws relating to the interpretation of the contracts, the language of a contract should be interpreted against the drafter of the contract. Further, we agree that in the event that any one or more provisions of this Agreement shall be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired.
Attorney’s Fees, Costs, & Interest. We agree that if any action is commenced to enforce any claim, demand debt, action, cause of action, liability, cost, right, duty or obligation provided herein, or if any action is commenced to enforce any of the provisions of this Agreement, the prevailing party in such an action shall be entitled, in addition to any other remedies, to an award of reasonable attorney’s fees and costs incurred by the prevailing party, prejudgment interest at the rate of 12% per annum, and post-judgment interest as permitted by law.
Remedy of the Parties. Except as otherwise specifically provided for in this Agreement, in the event one of us is in default or in breach of any of the material provisions of this Agreement and fails to cure the default or breach within ten (10) days after written notice of such default or breach by the other, the non-breaching party shall have the right to terminate this Agreement. Relationship of the Parties. It is understood and agreed that this Agreement does not create a partnership, joint venture or employment relationship of any kind between us; that each of us is acting as independent contractors with respect to each other; and that none of the employees of either of us will be deemed to be employees of the other for any purpose.
Either of us shall have the right, forthwith and without further notice to terminate this Agreement by written 30-day notice to the other, upon the occurrence of any of the following events:
(a) breach of default of a provision of this agreement which is not cured within the period set forth in Paragraph 8 of this Agreement;
(b) force majeure event that continues for a period of thirty (30) days; or
(c) death or incapacity of either of us during the Term.
Further, either of us shall have the right to voluntarily terminate this Agreement by 30-day written notice to the other party of that party’s decision to terminate this Agreement. In the event of termination, any monies due on the date of termination shall be immediately due and payable and the website cost of $1500 will be due if the contract is canceled before 3 months.
Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. If the above correctly express your understanding of the terms reached during our negotiations, please sign and date a copy of this Contract, return the signed and dated to Advent Trinity Marketing Agency, LLC and retain a copy for your records.