Online Offers Terms and Consitions
DELIVERABLES. Fulcrum Forge (hereafter FF) will usually start site and social media audit projects upon receipt of a completed engagement form. Due to the nature of data collection and tools used, once work is started refunds are not possible.
ACCEPTANCE OF DELIVERABLES. FF shall inform the Client of an expected completion and will inform the client when the final deliverables and reports are complete. Within 3 business days, FF will schedule a call or meeting with the client (depending on the package purchased) to review the deliverable. FF will make every effort to schedule review calls and visits to take place within 7 business days of deliverable completion. FF will not schedule calls or meetings for the dates of Dec 21, 2015, through Jan 4, 2015. The engagement will be considered final and complete once deliverables have been received by the client and the follow-up consultation is completed.
REVISIONS AND CHANGE ORDERS. If the client wishes to change or add to their order, after work has started, a determination of existing project costs for work already completed will be calculated. FF will then generate a new statement of work which shall be put into effect once authorized representatives of both Parties execute a mutually acceptable written change order. Any fees arising from change orders, additional services, or deliverables not reflected in a statement of work will be invoiced upon completion. Change orders agreed to by email will be bound by the terms of this agreement.
ENGAGEMENT CANCELLATION & RESCHEDULING. Work on deliverables usually starts within 1-2 business days upon completion of the filled-out engagement form. If work has not started, the engagement may be canceled or rescheduled at the client’s request. There are no refunds for work that has been started.
EXPENSES. Client shall reimburse FF for its expenses incurred in providing services here under, as follows:
Third Party Expenses. Where we use the services of a third-party supplier to provide services to you, and we pay for the service on your behalf, you agree to pay us the cost of the supplier services plus an additional fee equal to 15% of the cost of the supplier service for administrative and carrying costs incurred by FF. Cost estimates for third-party supplier services will be provided to the Client for approval prior to the execution of services. Depending on our statement of work, these services may include but are not limited to mechanical and art costs (including typography, artwork, and comprehensive layouts), language translation services, and audiovisual production costs (including photography, slide and video production, and voice-over services). No third-party expenses are anticipated or included in standard Site Audits, Social Media Audits, and Content Marketing Plans.
Travel Expenses. Client shall reimburse FF for all related travel expenses associated with this Agreement. FF employees and contractors will fly on direct flights where available and business class for international flights. No travel expenses are anticipated or included in standard Site Audits, Social Media Audits, and Content Marketing Plans.
INVOICE PAYMENT TERMS. If paying by invoice, fees and billing terms will be detailed in specific statements of work. Payment terms are net 30 days from invoice date. Any invoice remaining unpaid for more than thirty (30) days from invoice date will accrue interest at a rate of the lesser of one and one-quarter (1.25%) percent per month, or 15% per annum. All amounts are quoted in US Dollars.
You also agree to reimburse FF for all expenses, including reasonable attorneys’ fees, incurred in the collection of any overdue and unpaid invoices. In the unlikely event that our invoices remain unpaid for more than thirty (30) days, we may also, at our discretion, suspend work on your account. In addition, in the event any invoices become overdue, all subsequent payments may, at our option, first be applied to those invoices which are overdue for the longest period of time until all payments are up to date.
CLIENT REFERENCE & PROMOTIONAL USE. FF may include the Client’s name and/or logo on the FF list of customers, including but not limited to lists, case studies, and announcements on the FF website. FF retains the right to use deliverables created for Client for promotional purposes.
INDEMNIFICATION. Client agrees to indemnify, defend, and hold FF harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses, and damages (including attorneys’ fees) arising out of or in connection with any claim, or based on elements provided by Client to FF, or arising from Client’s unauthorized use or adaptation of any deliverables provided under this Agreement, or in connection with modifications made to the deliverables by Client or made by FF at Client’s request.
DAMAGES. FF makes no warranties, express or implied, on any work product including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. In no event shall FF be responsible to client for incidental, special or consequential damages of any kind regardless of whether the same are foreseeable. However, FF maximum cumulative liability relative to all claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured, will be capped at and shall not exceed fees paid for the work product giving rise to the claim or liability. These disclaimers and limitations of liability will apply regardless of any other contrary provision of the agreement and regardless of the form of action, whether in contract, tort or otherwise. Each provision in the agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
REMEDY. FF’s sole responsibility, and Client’s sole remedy, for any defect in the deliverables shall be for FF to revise the deliverables in accordance with this Agreement.
This business transaction and agreement shall be governed, construed, and enforced in accordance with the laws of the State of Oregon, in the Washington Country.