Terms of Services
Any capitalized terms used but not defined in these Terms of Service shall have the meaning
given to them in the body of the Standard Agreement.
1. Client/Marketer Relationship
a. Summary - MyMarketer may choose to provide training and support toMarketers, however Client will not receive marketing support or additionalservices directly from MyMarketer. MyMarketer will provide support, to the extent practical, to resolve issues that are not able to be resolved between Client and its Marketer. MyMarketer strongly suggests that Clients treat the Marketer as part of their team, working with them directly to determine projects, strategies, tasks,
and to address performance or give feedback.
b. Payroll - MyMarketer is responsible for all payments to Marketer. No payments or other forms of compensation or benefits should be made directly to the Marketer by Client. Client may provide bonuses to Marketer, however payment
terms and other details must be made through MyMarketer.
c. Right to Screen - Client will be given an opportunity to review any Marketer suggested by MyMarketer. It is the sole responsibility of the Client, at their discretion, to vet the Markter. This includes, but is not limited to, interviews, background checks, and skill assessments.
d. Schedule - An intended benefit of the Service is the availability of the Marketer, and that the Client is not limited to accessing their Marketer only on specific days. Because of this, and in order to provide Service to other clients, Client acknowledges that Marketer cannot always guarantee a specific or recurring schedule. It is between the Client and Marketer to arrange a format that serves both parties.
e. Usage - MyMarketer is providing access to the Marketer, and thus failure by Client to utilize hours is not considered a failure by MyMarketer to provide Service. It is MyMarketer’s intention to not be rigid regarding hours usage, giving the Client flexibility in their usage day by day or week by week, and that the,numbers will “average out” over time.
r. Time-Off - Client shall not require Marketer to work on US federal holidays. Client shall honor Marketer’s reasonable time off requests for illness and vacation, provided that in the case of vacation Marketer gives Client at least 15 days advance notice. Due to the flex schedule and hours of the Marketer, the time-off may or may not impact the Client. However, it is best that the Client expects their accessible hours for the month to be proportionately decreased. Client’s monthly fees shall not be adjusted due to Marketer’s sickness or vacation time
g. Research/Shared Time - Client acknowledges that some usage of hours will be time Marketer is using to do research on the business and/or marketing that will help them better perform their tasks. Some of this time may be used for ongoing
training and support that MyMarketer provides the Marketer.
h. Scope of Work - The Marketer is meant to operate as a member of the Client’s team, therefore the Client has the latitude to assign any tasks, projects, or initiatives they choose. However, Client acknowledges that, even when it comes to marketing assignments, it is not reasonable to expect the Marketer to be proficient or capable of completing all types of assignments. In such cases, the Marketer may refuse, attempt to learn how to do the assignment, or suggest an alternative solution such as working with a vendor. Any such scenario shall not be deemed a violation of this Agreement.
2. Finance
a. Billing Cycle - The Service is provided on a monthly basis, starting on the first of each month and ending on the last day of each month. Payment is due each month on the 15th for the following month. For example, payment for February is due on January 15th.
b. Proration - If a Marketer starts before the 15th, Client will be charged a prorated amount for the remainder of the current month. The full amount for the following month will be then be charged in advance on the 15th. If a Marketer starts after
the 15th, Client will be charged the prorated amount for the remainder of the current month plus the full amount for the next month.
c. Payment Methods - Payment can be made by ACH or Credit Card. Credit Card payments will incur a 3% processing fee. No other payment methods are accepted.
d. Late Fees & Chargebacks - Past due balanaces accrue interest at 3% per month. Client waives the right to chargebacks and agrees that any disputes will be resolved in accordance with this Agreement.
e. Fee Increase - An automatic fee increase of $35 will be applied to Client’s monthly fee each year on the anniversary of the contract effective date.
3. Legal
a. Success - Client acknowledges that success of the Marketer, and their performance, cannot be guaranteed. Client’s dissatisfaction with a Marketer’s performance, or a marketing assignment, does not constitute a breach of this Agreement or a failure by MyMarketer to deliver the Service. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE
FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
b. Liability - Similar to the inherent risks associated with hiring and working with any employee or contractor, Client assumes responsibility for any such risk in working with their Marketer. Except as expressly provided in this agreement,
MyMarketer shall not be liable to Client for any indirect, incidental, or consequential damages (including without limitation, damages resulting from loss of use, loss of profits, interruption or loss of business, lost data, lost goodwill, lost revenue and lost opportunity) arising out of any of
(i) the terms or conditions of this Agreement,
(ii) any Marketer’s performance hereunder, or
(iii) MyMarketer’s performance hereunder. The foregoing limitation of liability and exclusion of damages applies even if MyMarketer had or should have had knowledge, actual or constructive, of the possibility of such damages. The foregoing limitation of liability and exclusion of damages shall apply whether a claim is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability, or otherwise, and notwithstanding any failure of essential purpose of any limited remedy herein. It is Client’s responsibility to enact appropriate protective measures for their business operations to protect confidential information, and to safeguard against risks.
c. Jurisdiction - This Agreement shall be governed by the laws of the State of North Carolina, and venue shall be proper in Mecklenberg County. In any action between the parties related to this Agreement, the prevailing party shall be entitled to recover all expenses, including reasonable attorneys' fees and costs.
d. Severability - Should any section of this Agreement be rendered null and void, such nullification will not affect the validity and enforceability of the remaining sections, which shall continue in full force and effect.
e. Integration - This Agreement, including the body of the contract and these Terms of Service, contains the complete, entire, and exclusive statement of the parties’ understanding with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between them. Each party has executed this Agreement without reliance upon any promise, representation, or warranty other than those expressly set forth in this Agreement. No amendment of this Agreement shall be effective unless embodied in a written instrument executed by all parties.
f. Waiver - The failure of any party at any time to enforce any of the provisions of this Agreement shall not be deemed or construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any provisions hereof or the right of any party hereto to enforce each and every provision of this Agreement. No waiver of any breach of any of the provisions of this Agreement shall be effective unless set forth in a written instrument executed by the party against whom or which enforcement of such waiver is sought, and no waiver of any such breach shall be construed or deemed to be a waiver of any other or subsequent breach.
g. Successors and Assigns - This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns. Client shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder whether by operation of law or otherwise, without the prior written consent of MyMarketer, and any such attempted assignment without prior written consent shall be void and ineffective.
h. Further Actions - Client shall, without further consideration, execute and deliver such additional documents and instruments and perform all such other and further actions as may be necessary or reasonably requested in order to carry out the purposes and intents of this Agreement.
4. Other
a. Software - MyMarketer may choose, at its sole discretion, to provide Marketers with access to software that may assist in the performance of their duties. This is a perk for the Marketers and the Client. However, Client acknowledges that it may be necessary to incur additional costs, such as, but not limited to, marketing applications, tools, and software, as well as existing software or applications the Client already uses. Any such costs are at Client's discretion.
b. Affiliates - Client acknowledges that MyMarketer has affiliate relationships, and from time to time a Marketer may suggest to Client a product or service for which MyMarketer receives compensation. It is the responsibility of Client to determine the right products and services for its business and to inquire about and evaluate any potential conflicts.