Terms and Conditions

Payment Terms

All prices are in U.S. dollars. A 50% deposit is required prior to the start of this project. MarketReach reserves the right to submit partial invoices to the Client in 30-day increments based on actual work completed for the remaining balance. Standard terms on any/all balances due after the initial deposit are Net 30 upon receipt of invoice. Payments made by Client with credit card include an administrative processing fee of 4% of the purchase amount, charged and due at the time of payment. Late payment penalties are 8% of balance due for the first 30 days late, and an additional 3% for each 30-day period thereafter.

Courtesy Payments to Vendors

As a courtesy and on behalf of Client, MarketReach may advance payments to third-party vendor’s related and incidental to Client’s order; any payment made pursuant to this paragraph are subject to an administrative fee of 10% of the payment amount. Client hereby authorizes MarketReach to make payments to third-party vendors as stated above and accepts the associated administrative fee.

Cancellation Policy

The Client may choose to cancel this project at any time prior to completion by submitting such a request to MarketReach in writing. Upon cancellation, the Client will be responsible to pay MarketReach for all work completed and costs incurred (including any non-refundable purchases) up through the date that the cancellation request is received by MarketReach, plus a cancellation fee equal to 15% of all services not yet completed. The minimum cancellation fee is $1,000.

Prepayment and Retainer Funds

After 6 months from the original purchase order, all prepayments or retainer funds paid by the Client and dedicated to the project shall be non-refundable and subject to a monthly administrative fee of 5% of the funds held by MarketReach. Funds of the Client that become non-refundable pursuant to this paragraph shall be available for redesignation to new projects with MarketReach.

Project Expiration

MarketReach reserves the right to cancel a project if not 100% complete within 12 calendar months from the date that the Client accepted this proposal. Upon expiration, the Client will be responsible to pay MarketReach for all work completed and costs incurred (including any nonrefundable purchases).

Storage Fee

There shall be a storage fee of $100 per month for storage of Client’s products if returned to or left with MarketReach following the scheduled event or otherwise. MarketReach may remove, dispose of, or return any products of the Client’s stored for more than 6 months following an event or receipt of products; Client shall be responsible for all costs of shipping and handling if return is requested by Client, and all costs of removal and disposal if no election is made on remaining products.

Change in Project Costs

This proposal is provided based upon the assumptions and scope of work described above. Should either the scope of work or the project assumptions change significantly, MarketReach reserves the right to notify the Client with a revised quotation to reflect such changes.

Ownership

All creative concepts, designs, written material, email and website designs, graphics, researched contacts and associated data are the sole property of MarketReach until full payment is received from the Client. Upon receipt of payment, all project elements become the property of the Client (except where royalty or license fees apply for photographs or graphical elements that are purchased through third-party sources on behalf of the Client, etc.).

Right to Use Material. 

Client grants MarketReach exclusive rights to use the material provided by MarketReach in this Agreement in MarketReach’s portfolio samples and MarketReach shall comply with any and all intellectual property rights pertaining to the material provided.

Disclaimer of Liability

MarketReach shall not be liable for any loss or damage whatsoever suffered by the Client and/or its affiliates or subsidiaries as a result of, or arising directly or indirectly from, the implementation of this project (and associated content, offers, claims, etc.) unless caused by the gross negligence or intentional wrongful act of MarketReach. MarketReach shall also not be held liable for acts of God; fire; strikes; shortage of labor; present or future government laws; widespread outages or failures of telephone, power or Internet systems; the U.S. or foreign postal services; third-party services; and/or failure of the email distribution system or software.

Indemnification

The Client does hereby indemnify and hold harmless MarketReach against all claims, actions, suits, proceedings, fines, damages, costs, (collectively known as “damages”) which the Client may suffer as the result of the communication or publication of any sales materials or collateral, advertising, websites or webpages, electronic documents or e-mail, and/or any marketing communication as part of or resulting from this project. By way of example but not limitation, this indemnification shall include all damages arising from any illegal, libelous, slanderous or defamatory matter contained in any material, collateral, advertising, website, webpage, electronic documents, email and/or sales communication of any kind; or any infringement of copyright, patent, design or intellectual property right.