Terms of Service & Privacy Policy

Term and Termination.  

This Agreement shall be effective as of the date listed above and shall 
continue until this Agreement is terminated or the Services are completed, whichever occurs first. This Agreement may be terminated by the Parties upon thirty (30) days’ written notice to the other party. If the Agreement is terminated by the Client or by Company due to Client’s breach, no refunds will be provided for amounts already paid and all amounts that become owing during such notice period must be paid.  Client will pay Company pro rata for any work completed prior to the termination that has not yet been paid.

Intellectual Property.  Any expression or result of Company’s Services, or the work, findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, applications, interfaces, enhancements, software, and other technical information (collectively “Work Product”) created by Company in the course of performing the Services hereunder are the property of Company however, to the extent such Work Product provided to Client by Company contains Client’s Confidential Information, Client shall retain title to such Confidential Information. Company grants Client a world-wide limited license to use the Final Deliverables created by Company under the Services for Client’s marketing purposes for the duration of this Agreement. Final Deliverables are defined as the final versions of deliverables provided by Company, accepted by Client. 

Client specifically acknowledges and agrees that Company owns the copyright for the Strategy Book (defined below) provided to Client hereunder and that Client will make no claim of ownership of the Strategy Book. The Strategy Book constitutes Company’s Confidential Information and was created solely for Client’s internal use and may not be shared with any party other than Client’s employees who agree to be bound by the terms of this section. The Strategy Book may not be resold, published or disclosed to Client’s contractors or any other third party. 

Confidentiality.  

The Parties agree to hold in strict confidence and not to disclose to others or use for any purpose (other than the performance of this Agreement and Services), either before or after termination of the Agreement, any confidential or proprietary information of the other party, including, without limitation, any confidential or proprietary information that is transferred pursuant to this Agreement. Confidential and proprietary information includes, without limitation, the Strategy Book, any technical or business information, logins, product formulas or specifications, manufacturing techniques, process, experimental work, program, software, marketing or distribution plans, strategies, methodologies, or arrangements, or trade secrets relating to the products, systems, equipment, services, sales, research, or business plans of the Parties (“Confidential Information”). Confidential Information is not limited to a specific medium and can be oral, written, or physical in format 

Disclaimer.  Company has made every effort to ensure that all business services have been tested for accuracy. There is no guarantee that Client will see positive results to its business using the techniques and materials provided by Company. Company assumes no management responsibility for Client's decisions or for policies or practices that Client implements.  Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for Client's earnings, income, sales, or any other business performance as a result of this Agreement. 

Company will make no audit or other verification of the data Client submits. Company may provide reports that contain portions of financial information; these reports are for internal management use only. Company will not provide any legal services of any type. Company has not been requested to discover errors, misrepresentations, fraud, illegal acts, or theft. Therefore, Company has not included any procedures designed or intended to discover such acts, and Client understands and agrees that Company is not responsible to do so.

Client shall provide Company with access to any necessary accounts.  Company highly recommends that Client use a password manager to share passwords with Company and to keep all passwords confidential.  Client understands and agrees that Company will not be liable for any hacking, stolen passwords, unauthorized use of the Client’s website, social media or other accounts or related damages.  Client further understands and agrees that Company shall not be liable for any loss or damages of any kind related to Company’s use of such accounts, including but not limited to loss of any content, low engagement, or other poor performance.  Client is solely responsible for managing Client’s budget and all advertisement spending, and Company shall not be liable for any costs in connection therewith. Company will support management of proposed and approved budget. 

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Limitation of Liability.

 THE SERVICES ARE SOLD “AS IS.” TO THE EXTENT ALLOWABLE BY LAW, THE MAXIMUM LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID UNDER THIS AGREEMENT IN THE PRECEDING SIX MONTHS. IN NO EVENT SHALL COMPANY BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

No Warranties.  EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES IN PARAGRAPH 2 OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO WARRANTIES WHATSOEVER. COMPANY EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE SERVICES.

COVID-19.

Company cannot guarantee that Client, anyone in attendance during the Services or any visitor to the premises where Services are provided will not become infected with COVID-19. Client acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that any person present during the Services or any visitor to the premises may be exposed to or infected by COVID-19 by allowing Company to perform the Services and that such exposure or infection may result in personal injury, illness, permanent disability, and death.  Client hereby releases, discharges, and holds Company harmless from any liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

Client also agrees that, in the event Company must postpone or cancel any Services due to the COVID-19 pandemic, Client agrees that Company shall refund amounts already paid based on hours accrued, but not the Google/ Advertising  hard spends as those are paid in advance due to ad pacing. 

 

Privacy Policy

At Marketing with a Flair, we prioritize the privacy of our clients and website visitors. This privacy policy outlines the types of personal information we collect and how it's used.

 

Information We Collect

Direct Information: This includes information you provide directly to us such as your name, email address, company details, and other personal details.

Automated Information: We might collect information automatically when you visit our website, such as IP addresses, browser type, and browsing history.

How We Use Your Information

Service Provision: To provide our range of services.

Communication: To respond to inquiries, send newsletters, and other marketing communications.

Improvements: To improve our website and services based on user behavior and feedback.

Data Sharing and Storage

We do not sell your personal information to third parties. We may, however, share information with third-party service providers assisting us in our operations, under strict confidentiality agreements.

We take precautions to protect your data, using a combination of technical and organizational measures.

Cookies.

Our website uses cookies to enhance user experience and gather data to help us improve our site. You can set your browser to refuse cookies, but this may affect certain features or services on our site.

Third-Party Links.

 Our website may contain links to external sites. We are not responsible for the content or privacy practices of those sites. We recommend reading the privacy policies of any external sites you visit.

Your Rights.

You have the right to access, modify, or delete your personal information. Please contact us if you'd like to exercise any of these rights.

Changes to This Policy.

We may update our privacy policy periodically. Any changes will be posted on this page, and, if significant, we may notify our users directly.

Contact Us.

If you have any questions regarding our privacy policy or practices, please contact us at Marketing with a Flair: Info@MWFlair.com