NOTICE: These terms and conditions constitute a contract between Klectic Media LLC (the “Business”) and Buyer (the “Client”) placing an order with Klectic Media LLC. It is Client’s responsibility to carefully read these Terms and Conditions (“Terms”) prior to purchasing products or booking services.
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Terms
DESCRIPTION OF SERVICES
Business will provide the following services (collectively, the “Services”): Full-stack copywriting on a monthly basis as needed by the client. Full-stack copywriting services include writing content for:
website copy;
landing page;
sales page;
email campaigns;
newsletter content;
Facebook ads;
Google ads;
eCommerce product descriptions;
social media captions;
blog articles;
sales video scripts; and
professional & social bios.
PAYMENT
Client agrees to pay one of the following fees if placing an order for copywriting services:
- a one-time fee of 2,697.00 USD for 50 hours of copywriting services to be used within 30 consecutive days from the purchase date;
- a yearly subscription fee billed monthly at 2497.00 USD per month for 50 hours of copywriting services per month;
- a yearly subscription fee billed as a lump-sum payment of 26,497.00 USD for 50 hours of copywriting services per month, per year.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Business has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
TERM
This Contract will remain in effect for the entire duration set forth in the applicable Order.
REFUND POLICY FOR SERVICES AND DIGITAL PRODUCTS
Klectic Media LLC strives to provide quality services and products for Client. Because Klectic Media LLC offers non-tangible, irrevocable goods and services, a strict no refund policy remains in place.
RELATIONSHIP OF PARTIES
It is understood by the parties that Business is an independent contractor with respect to Client and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Business.
WORK PRODUCT OWNERSHIP
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Business in connection with the Services will be the exclusive property of Client.
Upon request, Business will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.
CONFIDENTIALITY
Business and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Business, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Business and its employees, agents, and representatives will protect such information and treat it as strictly confidential.
This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Client of these confidentiality obligations which allows Business to disclose Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
Upon termination of this Contract, Business will return to Client all records, notes, documentation, and other items that were used, created, or controlled by Business during the term of this Contract.
WARRANTY
Business shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Business’ community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Business on similar projects.
DEFAULT
The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the
benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
ATTORNEYS’ FEES AND COLLECTION COSTS
If there is a dispute relating to any provisions in this Contract, each of the parties shall be responsible for, and pay in their entirety, its respective fees, costs, and expenses incurred, including but not limited to all out-of-pocket costs of collection, court costs, and attorney fees and expenses.
REMEDIES
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the
Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION
The parties will attempt to resolve any dispute arising out of or relating to
this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE AGREEMENT
This Contract contains the entire agreement of the parties, and there are no
other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT
This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW
This Contract shall be construed in accordance with the laws of the State of
Georgia.
NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
CONSTRUCTION AND INTERPRETATION
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
ASSIGNMENT
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
By checking the Terms & Conditions box on the checkout page and placing an order, you are stating that you agree to these Terms & Conditions.