Legal

LEGAL TERMS

TERMS OF PAYMENT

  1. By signing the statement of work / contract, you authorize Golden Proportions Marketing (“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.
  2. The parties to this agreement agree that faxed or electronic signatures shall have the same force and effect as if they were original signatures.
  3. 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.
  4. Revisions exceeding the amount specified in the authorization are subject to a fee of $135/hour.
  5. Authorization does not include costs for printing or production, travel, makeup artists, shipping, media, or applicable taxes unless noted otherwise.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. Client’s Right to Terminate. The Agreement shall continue indefinitely for all recurring/subscription products and services unless terminated by Client in a written notice to GPM no later than thirty (30) days prior to the end of the Initial Term or any Renewal Term. Client may terminate the Agreement early, but will be responsible for all fees due and owing to GPM under this Agreement, including any amounts for Services not yet billed but due under this Agreement for the duration of the Term. Upon receipt of Client’s early termination notice, GPM will issue a final bill to Client which shall be payable upon receipt.
  11. 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.
  12. 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.

PROPERTY RIGHTS

  1. Right to Suspend Work for Late or Non-payment: Reinstatement Fee. All rights of the Client herein are conditioned on Golden Proportions Marketing’s receipt of full payment. Golden Proportions Marketing may withhold delivery of materials, or suspend or cease performance of Services (including taking down a Website), until payment in full of all amounts due are received. Golden Proportions Marketing shall not be liable for any damages, losses, or liabilities that may arise because of Golden Proportions Marketing’s suspension or cessation of Services and/or withholding of materials due to Client’s non-payment. If Golden Proportions Marketing is forced to suspend providing Services due to non-payment, there will be a $250 reinstatement fee for resumption of Services and Client’s Website.
  2. 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.
  3. GPM reserves the right to display, exhibit and distribute samples of work created for client in efforts of agency promotion.
  4. 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.

CLIENT RESPONSIBILITIES

  1. 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.
  2. Clients are responsible for ensuring Americans with Disability Access compliance for all marketing projects.
  3. Clients are responsible 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).
  4. 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.
  5. 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.
  6. Items sold through GPM are not trademarked on behalf of the client and GPM cannot be held responsible for possible infractions.
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