Terms of Service
Effective date: April 3, 2023
1. Introduction
Welcome to Funnel Fabric ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern the use of our fractional Chief Marketing Officer (CMO) and marketing agency services ("Services"). By engaging our Services, you agree to be bound by these Terms. If you do not agree, please refrain from using our Services.
2. Scope of Services
Our Company provides fractional CMO services, strategic marketing consulting, brand management, digital marketing execution, content creation, social media management, lead generation, email marketing, SEO, paid advertising, analytics, and other marketing-related services. The specific scope of work, deliverables, and timelines will be detailed in a separate Service Agreement or Statement of Work (SOW) agreed upon by both parties.
3. Client Responsibilities
Clients agree to:
- Provide all necessary information, assets, and access required for the execution of marketing strategies.
- Designate a primary point of contact for streamlined communication.Respond to communications in a timely manner to ensure project efficiency.Review and approve work within reasonable timeframes.
- Make payments as per the agreed terms.
- Ensure compliance with all applicable laws and regulations related to marketing and advertising.
4. Payment Terms
- Fees for our Services will be outlined in the Service Agreement or SOW.
- Payments are due according to the agreed schedule, and late payments may incur interest charges of [insert interest rate] per month.
- Any out-of-pocket expenses incurred on behalf of the Client (e.g., advertising costs, software subscriptions, third-party vendors) will be billed separately and require prior written approval.Invoices must be paid within [insert number] days of issuance unless otherwise agreed upon.
5. Confidentiality
Both parties agree to maintain the confidentiality of proprietary or sensitive information shared during the engagement. Confidential information includes, but is not limited to, business plans, financial data, marketing strategies, and trade secrets. Confidential information shall not be disclosed to third parties without prior written consent, except as required by law.
6. Intellectual Property
- All marketing materials, strategies, and content developed by us for the Client will become the Client’s intellectual property upon full payment.
- We retain ownership of any pre-existing intellectual property, templates, proprietary methodologies, or tools used in the execution of services.
- We reserve the right to showcase non-confidential work in our portfolio, case studies, or marketing materials unless otherwise agreed upon in writing.
7. Performance and Results Disclaimer
- While we strive to provide effective marketing strategies and implementation, we do not guarantee specific results such as increased revenue, traffic, or leads.
- Success depends on multiple external factors including market conditions, competition, and Client cooperation.
- We provide recommendations based on best practices and industry standards, but ultimate decisions and execution remain the Client’s responsibility.
8. Limitation of Liability
- In no event shall we be liable for indirect, incidental, or consequential damages arising from the use of our Services.
- Our liability shall not exceed the total amount paid by the Client for Services rendered within the one (1) month preceding the claim.
9. Termination and Cancellation
- Either party may terminate the engagement with a 60-day written notice.
- If the Client terminates before the completion of the agreed term, the Client is responsible for all work completed up to the termination date, including any outstanding fees.
- No refunds will be provided for services already rendered.
- We reserve the right to terminate services immediately if the Client engages in unethical, illegal, or harmful business practices.
10. Non Solicitation
The Client agrees not to directly solicit or hire any of our employees, contractors, or consultants for a period of one year after termination of services.
- Any breach of this clause may result in a penalty equivalent to 100% of the employee’s annual salary.
11. Indemnification
The Client agrees to indemnify and hold harmless our Company, its employees, affiliates, and contractors from any claims, damages, or liabilities resulting from the Client’s use of our Services, except in cases of gross negligence or misconduct on our part.
12. Compliance with Laws
The Client is responsible for ensuring that all marketing campaigns comply with applicable laws, including but not limited to consumer protection laws, data privacy laws (e.g., GDPR, CCPA), and advertising regulations.We shall not be held responsible for any legal repercussions resulting from non-compliance with laws governing the Client’s industry.
13. Force Majeure
We shall not be held liable for delays or failure in performance caused by circumstances beyond our control, including but not limited to natural disasters, government actions, labor strikes, cyber-attacks, pandemics, or acts of terrorism.
14. Dispute Resolution
- Any disputes arising from these Terms shall first be attempted to be resolved through mediation.
- If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Minnesota.
- Each party shall bear its own costs related to dispute resolution.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of Minnesota. Any legal actions shall be filed in the courts of Minnesota.
16. Amendments
We reserve the right to modify these Terms at any time. Clients will be notified of significant changes, and continued use of our Services after updates constitutes acceptance of the revised Terms.
17. Contact Information
For any questions regarding these Terms, please contact us at hello@funnelfabric.com.
