1. Digital Marketing Services. Figures Solutions Marketing and Investment Company
(Agency) offers a variety of services to market businesses online. By engaging us, you
(Client) agree to the Terms set forth below. If you have questions, or if we may be of any
service, please do not hesitate to contact us. Agency provides social media marketing through
face book, instagram, you tube and quick books.
2. Marketing Material. Agency has the right to place information pertaining to your business
on any of the social media, publisher, and search provider websites, such as those listed
above, and you authorize Agency to develop content based on information or material
provided by you or your designees and collected by Agency including copy, form, size, text,
graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service
marks, endorsements, photographs or likenesses, and videos. Further, you represent that the
material and information you provide to Agency is truthful, not misleading, and that you
have the authority to represent this product and service information to Agency. Additionally,
if so contracted, you authorize Agency to contact your customers for the sole purpose of
gaining endorsements and reviews of your products and services for publication. Further,
articles, press releases, and blog postings will be sent for approval before publishing. The
timeliness of these pieces is critical to campaign performance.
3. Client’s Obligations. The Client shall provide assistance, technical information and
decisions to the Agency, as reasonably required by the Agency in sufficient time to facilitate
the execution of marketing efforts in accordance with any estimated delivery dates or
milestones. The Client agrees to work closely with Agency to provide regular information
and feedback so Agency can create fresh content and make adjustments to marketing efforts,
accordingly. The Client shall have sole responsibility for ensuring the accuracy of all
information provided to the Agency and warrants and undertakes to the Agency that the
Client’s employees assisting in the execution of an effort have the necessary skills and
authority. This includes providing necessary login information and passwords to access
social media, analytics, hosting, domains, and other third-party accounts necessary for
Agency to carry out marketing efforts.
4. Billing. Client hereby agrees to pay the amount billed by the Agency for the services
rendered. In addition to that the Client is required to fill in the details mentioned herein
below;
4.1 Billing Address –
4.2 Credit Card Information –
5. Termination. The Agency may reject a marketing order and/or immediately terminate this
Agreement, upon notice to Client for any of the following reasons: (a) if the Client fails to
make payment when due or otherwise fails to perform any of the provisions of this
Agreement, (b) if the Client makes an assignment for the benefit of creditors, (c) if a petition
in bankruptcy or for reorganization under the bankruptcy or insolvency laws is filed by or
against the Client, (d) if the Client ceases doing business or is likely to cease doing business
or (e) in the opinion of the Agency, the credit of the Client is or may be impaired. If this
Agreement is terminated for any of these reasons, Client will nevertheless remain liable for
balances due on any products and services that were purchased, whether billed or unbilled,
and Agency will send an invoice to Client, which Client agrees to promptly pay.
6. Intellectual Property Rights. All marketing artwork and copy which represents the creative
effort of the Agency and/or utilization of creativity, illustrations, labor, composition or
material furnished by it, is and remains the property of the Agency, or the relevant third party
from whom the Agency has acquired a right of use, including all rights of copyright therein.
Client understands and agrees that it cannot authorize photographic or other reproductions, in
whole or in part, of any such marketing copy for use in any other marketing medium without
payment for creative services to the Agency. All logos, website and social media content is
considered to be owned by the Client once it has received final approval to go live and
payment in full has been received and may be reused, shared and reproduced by the Client.
7. Marketing Content. The Agency may, in its sole discretion, edit, alter, omit, reject or cancel
at any time any of Client’s digital marketing products or services to meet industry standards
Client’s budget. All digital marketing placements are at the option of the Agency, unless a
specific placement is purchased by the Client. Failure to meet placement requests will not
constitute cause for adjustment, refund, make good, termination or cancellation of this
Agreement.
8. Disclaimer of Warranties. To the maximum extent permitted by applicable law, Agency
and its suppliers disclaim all warranties not expressly set forth in this document, whether
express or implied, including, but not limited to implied warranties of merchantability and
fitness for a particular purpose, with regard to Agency services.
9. Indemnity: Client agrees to indemnify and hold harmless Agency, its owners and employees
from and against all allegations, claims, actions, suits, demands, damages, liabilities,
obligations, losses, settlements, judgments, costs and expenses (including without limitation
attorneys’ fees and costs) which arise out of, relate to Agency’s use of materials furnished by
Client (including but not limited to, logos, slogans, trademarks, written content, photographs,
video, music and fonts). Information or data obtained by us from you to substantiate claims
made in marketing deliverables shall also be deemed to be “materials furnished by you.”
Such claims may include claims for invasion of privacy, defamation, patent, trademark,
copyright or other intellectual property claims. Additionally, Client agrees to indemnify and
hold harmless Agency, its owners and employees against any and all allegations, claims,
actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs
and expenses (including without limitation attorneys’ fees and costs) which arise out of,
relate to business ideas, innovations, concepts, websites, web-based applications and the like
that Client has generated and has asked Agency to develop or implement. For example, if
you have an idea for a web application, we develop it, and it is determined that the
application’s functionality violates another company’s patent, you will indemnify Agency for
any claims instituted by the third party. Agency does not take responsibility for determining
whether your business ideas, business plans, concepts or innovations may interfere with
another party’s rights or are otherwise in compliance with applicable law. You warrant that
any business ideas, business plans, concepts or innovations that you have presented to
Agency and asked Agency to create deliverables for are compliant with applicable federal,
state and local laws, rules and regulations.