TERMS AND CONDITION
GENERAL TERMS APPLICABLE TO ALL SERVICES
The purchasing organization referred to as “client/s” and BOOST, referred to as ”agency,” agreed as entered into this agreement on the date and time of the order submission.
The agency aims to deal with its clients in a professional, timely, and favorable manner. By engaging BOOST with their business, then you will be accepting the following terms and conditions:
EMPLOYMENT OF AGENCY:
- Clients hereby permit us to render, and we agree to render to the clients all the services customarily performed by a digital advertising and marketing agency within such budgets as clients may set from time to time for advertising, marketing, and development efforts as defined by this contract.
- The date of commencement of the services will be agreed upon by both parties, and charges will be applicable according to that date. A monthly report of performance rendered by the agency will be given to the client.
- Either party may not cancel or fully transfer the service responsibilities to another service vendor before a prior notice of at least XX business days.
- The agency reserves the right to subcontract a third party service provider for some of the service tasks. A person who is not a party to the contract shall not have any rights under or in connection with it.
ADVERTISING & PRODUCTION RATES:
Media costs, setup fees, production costs & hourly rates are to be set by the agency.
The service rates are subject to change at any time with the exclusion of existing advertising programs or agreements currently in place.
ACCEPTANCE OF AGREEMENTS:
All potential forms of signature shall be governed by this agreement including, but not limited to, checking the agreement to “terms of service” box, written signature on individual project agreements, electronic signatures, faxed signatures, scanned and emailed signatures, clear stated email approvals, and/or any other electronically clearly stated agreement to proposed change or program.
PAYMENT & BILLING TERMS:
The client hereby agrees to pay the fees in price and schedule as listed on the agreement completed by the client or in the proposal submitted to the client.
If full advertising budget (when applicable) is not spent due to online demand or inventory, in the event there are additional months of advertising balance will be applied to the upcoming month(s) unless prior written communication states that any unspent amounts are to be refunded & will be promptly refunded within 7 business days.
The client hereby grants permission for BOOST to charge the credit, debit card, or bank account on file according to the price and schedule listed on the agreement or proposal every month for the amount agreed to as the monthly spend under the contract. If the invoiced budget is a one-time charge, then no monthly charge will apply. Monthly payments will be put on auto-bill and will automatically be charged to the credit card on file on the same day every month as the first payment date made.
The client also agrees to pay upon execution of this agreement. BOOST reserves the right to stop work until payment is made. Should collection activities become necessary, the client agrees to pay all fees relating to said collection activities.
BOOST reserves the right to add a late fee of 5% per month on outstanding invoices at least one month past due.
The client shall not be obligated to reimburse the agency for any travel or other out-of-pocket expenses incurred in the performance of services under this agreement unless expressly agreed by the client in advance.
The agency shall not be obligated to reimburse the client for any travel or other out-of-pocket expenses incurred in the performance of services under this agreement unless expressly agreed by the agency in advance.
MAKE GOODS/SCHEDULING CORRECTIONS/TECHNOLOGY CONFLICTS:
In the event of an error, whether human (The agency or the team members of the agency) or technology-based, BOOST shall provide its clients a notification and make all reasonable efforts with their approval or discretion to make good on planned contractual obligations.
The client agrees that BOOST is the exclusive provider of all contracted and executed management and services during the duration of this agreement.
REPRESENTATIONS AND WARRANTIES:
BOOST will make no representations, warranties, or commitments binding its clients without prior consent.
BOOST covenants and warrants that they have the unlimited legal right to enter into this agreement and to perform in accordance with its terms without violating the rights of others or any applicable law and that he/she has not and shall not become a party to any other agreement of any kind which conflicts with this agreement.
The clients covenant and warrant that they have the unlimited legal right to enter into this agreement and to perform in accordance with its terms without violating the rights of others or any applicable law and that he/she has not and shall not become a party to any other agreement of any kind which conflicts with this agreement.
Any project estimates provided are indicative only since there is no guarantee of results provided for payment made. Performance is based on best efforts in order to renew beyond the agreement term. Actual results may be greater or less than the numbers shared based on the relevant characteristics of each individual business and other external factors.
TERM & AUTO-RENEWAL:
This agreement shall continue in force until either party terminates this said agreement as per the “TERMINATION” section contained herein. Either party shall request adjustments or amendments to this agreement which will only be executed and enforced upon agreement and written signatures of both parties.
This agreement will automatically renew for an additional term based on the original term length unless the client declines the automatic renewal option in physical or electronic writing within 14 calendar days before the end of the original term. Either party shall request adjustments or amendments to this agreement which will only be executed and enforced upon agreement and written signatures of both parties.
NO ARBITRATION. Disputes involving this agreement, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily required) but must, instead, be heard in a court of competent jurisdiction of the State of Colorado.
STATUTE OF LIMITATIONS:
Parties agree that any action in relation to an alleged breach of this Agreement shall be commenced within one year of the date of the breach, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.
TERMINATION OF AGREEMENT:
The client may initiate the process to terminate this agreement at any time.
Upon termination of this agreement by the client, he/she shall pay the agency all outstanding balances as well as one-half of the remaining balance of the agreement. The agreement shall not be canceled until all balances and fees are paid.
The agency, its employees, and subcontractors agree that, except as directed by the client, it will not at any time during or after the term of this Agreement disclose any confidential information. Likewise, the client agrees that it will not convey any confidential information obtained about the Developer to another party.
This agreement constitutes the entire agreement between the parties with respect to the project subject matter. It supersedes all previous agreements and understandings between the parties and each party acknowledges that, in entering into this agreement, it does not do so on the basis of or in reliance upon any representations, promises, undertakings, warranties, or other statements (whether written or oral) of any nature whatsoever except as expressly provided in this agreement. Thus, this contract and attached exhibits constitute the sole AGREEMENT between the developer and the client. The contract becomes effective when signed by the client. Submission of this contract by the developer implies lawful signature and acceptance of terms.