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Terms of Service

Terms of Service:

1. Introduction

1.1 Agreement Overview: These Terms of Service (this “Agreement”) govern all digital marketing services provided by White Fox Marketing Lab.

1.2 Parties: This Agreement is entered into between White Fox Marketing Lab (“White Fox”) and the Client.

2. Retainer

2.1 Monthly Retainer: The Client will be charged a monthly retainer for the agreed-upon hours to cover the specified services. The retainer starts on the 1st of the following month.

2.2 Retainer Inclusions: Retainer hours include only production time; no charges for meetings, phone calls, or travel to the client site. White Fox Marketing Lab will diligently strive to deliver the scope of services listed within the agreed-upon hours, using commercially reasonable efforts.

2.3 Additional Production Time: Additional production time may be provided with no roll-overs or additional costs. White Fox’s commitment is to ensure that your marketing needs are met efficiently and effectively, driving the growth of your business.

3. Out-of-Pocket Expenses

The retainer fee does not cover additional expenses like printed outputs, postage, shipping, stock images, and work by third-party vendors. Any such expenses require client approval before production.

4. Ad Hoc Requests and Add-On Components

The Client acknowledges that additional requests beyond the marketing plan may impact White Fox Marketing Lab’s deliverables. The Account Executive will communicate this to the Client when necessary.

5. Payment

5.1 Monthly Retainer Payment: Monthly retainer payment is due on the 1st of each month.

5.2 Accepted Payment Methods: Accepted payment methods are check, major credit cards, and EFT.

5.3 Processing Fee: A 3.5% processing fee applies to credit card transactions.

5.4 Retainer Rate Changes: The retainer rate may change on the annual anniversary.

6. Invoice and Payment

White Fox Marketing Lab invoices thirty (30) days in advance. Delinquent payments over 10 days will halt work-in-progress until received. Failure to pay within ten (10) days’ written notice may lead to termination.

7. Liability and Indemnification

White Fox Marketing Lab shall not be held liable for any damages, losses, or expenses arising from services provided under this Agreement. The Client agrees to indemnify and hold harmless White Fox Marketing Lab from any claims, actions, or demands arising from the use of the marketing services.

8. Confidentiality

Both parties agree to maintain the confidentiality of any sensitive information shared during this Agreement. No confidential information shall be disclosed to third parties without prior written consent.

9. Dispute Resolution

In the event of any dispute, the parties shall attempt resolution through mediation. If unsuccessful, any unresolved dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

10. Texas State Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action or proceeding shall be brought in the state or federal courts located in Texas, and both parties consent to the exclusive jurisdiction of such courts.

11. Contract Termination and Client Artwork

Either party may terminate this agreement with a 20-day written notice prior to the following 1st day of the month. Upon termination, the Client is responsible for arranging alternate hosting and storage for files. White Fox Marketing Lab will delete files after release. White Fox Marketing Lab will not keep login or password information for client email marketing and social media.

12. Force Majeure

White Fox Marketing Lab shall not be liable or responsible for any failure or delay in fulfilling any term of this Agreement due to acts beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, and governmental actions.

13. Relationship of Parties

This Agreement establishes an independent contractor relationship between White Fox Marketing Lab and the Client. Nothing in this Agreement shall be construed to create a joint venture, partnership, agency, or employment relationship between the Parties. White Fox Marketing Lab retains full control over the manner and means by which the services are performed.

14. Public Announcements

White Fox Marketing Lab values its relationship with the Client and may showcase this partnership in a professional manner. The Client grants permission for White Fox Marketing Lab to use the Client’s name, logo, and trademarks in marketing materials, press releases, case studies, and on the White Fox Marketing Lab’s website for promotional purposes.

White Fox Marketing Lab will always uphold the confidentiality and integrity of any sensitive business information shared by the Client.