Covid-19 Comeback Plan Legal Terms
TERMS OF PAYMENT
- By signing the statement of work / contract, you authorize GPM to initiate work as described. You agree to assume final responsibility to vendors. Should the parameters of the project change, a new authorization will be submitted for client approval.
- All Covid-19 Comeback Plan contracts require payment of a 5% startup fee prior to the agency initiating work.
- All contracts are subject to a credit check. Businesses who do not meet acceptable credit terms will not be eligible for deferred payment.
- All Covid-19 comeback plan contracts will not charge the first payment in the contract billing cycle until 90 days after contract signing. Recurring/subscription products will not bill until launch. If launch occurs during the 90 day deferment period, monthly fees will accrue and then be spread out evenly over the first 3 monthly payments.
- Deferment arrangements for Covid-19 Comeback Plan contracts apply only to the products included in this contract and will not be extended to future contracts unless otherwise specified.
- Payments for SEO, Pay per click or other monthly recurring products will automatically bill on the first of the month. The first payment for each product will also be prorated to its start date in the previous month.
- The parties to this agreement agree that faxed or electronic signatures shall have the same force and effect as if they were original signatures.
- All current product fees and hourly fees are subject to an annual fee increase and do not require authorization from the client via a new contract.
- Revisions exceeding the amount specified in the authorization are subject to a fee of $135/hour.
- Authorization does not include costs for printing or production, travel, makeup artists, shipping, media, or applicable taxes unless noted otherwise.
- Invoices and authorizations that include external vendor fees such as, but not limited to, printing, mail lists, media and rebilling of postage will incur a 3% fee for credit card payments. This additional charge can be avoided by paying via ACH automatic funds transfer service. If ACH is returned for insufficient funds, a processing fee of $35 will be billed to the client.
- Invoices that are 30 days or more past due are subject to an APR of 18%, retroactive to the due date of the original invoice.
- All fees paid to GPM are deemed earned at time of payment and are therefore non-refundable. If fees related to a contracted project remain unused after six months, they will be credited towards future GPM creative services based on the fees for the project at the time of the new authorization. Time accrued on any uncompleted project will be subtracted from the available credit total at a rate of $135 per hour. Credits may not be used towards any external services such as printing or media and must be used within six months of issuance.
- Time is of the essence of this agreement. Work delayed by client and not completed after eight months from project initiation may be subject to the difference in cost for said project at the new fees or our current hourly rate.
- In the event GPM shall be successful in any suit for non-payment, GPM shall be entitled to recover reasonable legal costs and expenses for bringing and maintaining this suit as a part of damages.
- The interpretation and enforcement of this Agreement shall be governed by the substantive laws of the Commonwealth of Pennsylvania and the parties hereby consent to jurisdiction in the federal or state courts in the Commonwealth of Pennsylvania, specifically, Northumberland County, Pennsylvania.
- Title to the intellectual property in marketing, and other property utilized in the project remain the sole property of GPM until the project is completed and final payment has been received.
- GPM reserves the right to retain any creative materials solely developed by Consultant, which are not related in their entirety to the work performed by GPM under this Agreement.
- GPM reserves the right to display, exhibit and distribute samples of work created for the client in efforts of agency promotion.
- Except, as specifically set forth in this Section, all the rights and liabilities of parties arising out of this Contract shall cease on the date of termination hereof.
- State board regulations vary in use and interpretation. Please check with your regulatory organization regarding compliance as GPM cannot be held responsible for possible infractions.
- Clients are responsible for ensuring Americans with Disability Access compliance for all marketing projects.
- Clients assume responsibility for informing their team of the use of call recording services for any products that include call tracking and recording services (SEM, PPC, Adwords, Direct Mail and/or Advertising).
- Clients who provide access to their recorded calls to team members, consultants or third parties assume liability for any possible HIPAA violations on behalf of those individuals.
- This is not an exclusive agreement. It is expressly understood and agreed by client and agency that this contract does not provide an exclusive relationship between client and agency.
- Items sold through GPM are not trademarked on behalf of the client and GPM cannot be held responsible for possible infractions.