These Terms and Conditions constitute a legally binding agreement between Client and Long Island Publicity (“Agency”) regarding the services provided by the Agency to the Client. By engaging the Agency’s services, the Client agrees to be bound by the terms and conditions set forth in this Agreement.
Services
1.1. The Agency agrees to provide publicity and marketing services to the Client as outlined in the agreed-upon proposal or scope of work. The specific services and deliverables will be detailed in a separate document or contract.
1.2. The Agency will use reasonable efforts to meet agreed-upon deadlines and deliver high-quality services. However, the Agency cannot guarantee specific results or outcomes from its services.
Client Obligations
2.1. The Client agrees to provide the Agency with all necessary information, materials, and access to relevant resources needed to perform the services effectively. The Client is responsible for the accuracy and legality of the provided materials.
2.2. The Client shall review and approve all deliverables in a timely manner and provide feedback to the Agency promptly. Delays caused by the Client’s failure to provide timely feedback or approvals may result in adjustments to project timelines and additional costs.
Fees and Payment
3.1. The Client agrees to pay the Agency the fees as specified in the proposal or agreed-upon contract. Payment terms, including the frequency and method of payment, will be mutually agreed upon.
3.2. The Agency reserves the right to suspend or terminate services if payment is not received according to the agreed-upon terms. Any outstanding balances not paid within the agreed-upon time frame may be subject to late payment fees or collection efforts.
Intellectual Property
4.1. Any intellectual property rights, including copyrights, trademarks, or other proprietary rights related to the deliverables created by the Agency, shall belong to the Client upon full payment of the agreed-upon fees, unless otherwise specified in writing.
4.2. The Client grants the Agency a limited, non-exclusive, royalty-free license to use the Client’s intellectual property solely for the purpose of providing the agreed-upon services.
Confidentiality
5.1. Both parties agree to treat any confidential or proprietary information shared during the course of the engagement as confidential and to use it solely for the purposes of this Agreement. Confidential information shall not be disclosed to any third party without prior written consent from the disclosing party.
Termination
6.1. Either party may terminate this Agreement by providing written notice to the other party. Termination shall be effective upon receipt of the notice, unless otherwise specified in the notice.
6.2. In the event of termination, the Client shall pay the Agency for any services rendered or expenses incurred up to the termination date.
Limitation of Liability
7.1. The Agency shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided, even if advised of the possibility of such damages.
7.2. The total liability of the Agency under this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client to the Agency for the services rendered during the six (6) months preceding the claim.
Governing Law and Jurisdiction
8.1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Agency is located.
8.2. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.
Entire Agreement
9.1. This Agreement constitutes the entire agreement between the Client and the Agency regarding the subject matter herein and supersedes all prior agreements, understandings, or representations, whether oral or written.
By engaging the services of the Agency, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.