Dear Shiv,
Thank you for choosing Epic Nine as your partner to help accomplish your organization’s mission. We look forward to a long relationship with Buzzed Bull/Atomic Shakes Creamery.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You (Buzzed Bull/Atomic Shakes Creamery, The Client) are hiring us (Epic Nine LLC) to provide the following marketing services. Of course it’s a little more complicated, but we’ll get to that.
What do all parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.
We will provide the following Services to the Client:
Style Guide Development Process:
We are going to make you an incredible website that helps your business establish or improve its online presence. Our websites are built mobile friendly and search engine ready. We will also manage your hosting, setup and maintain an SSL on your site, purchase and renew your domain name (if needed), and provide amazing ongoing support.
If the project includes HTML markup and CSS work, we will develop these using valid HTML5 standards and CSS2.1 – 3 for styling. We will test your website on the following browsers, all of which have 2% or more market share of browser according to https://caniuse.com/usage-table as of the signing of this contract:
We will also test the site on the following resolutions:
Desktop:
Mobile:
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer for Windows or older versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using browsers or resolutions other than the ones listed above we can do this at the rate we have set forth below.
We will ensure that there are no accessibility errors according to the https://wave.webaim.org/ accessibility scan, however there may be alerts. We cannot be held liable if accessibility standards change in the future or if the website is changed in such a way that violates these standards by you or any third party.
This agreement is limited to a total of 40 hours of development time for the basic website design and setup, with additional time for add-on services specified below. While we rarely exceed that number of hours when developing a customized theme there is a chance that we will. The more detailed and granular you are with changes to the predesigned style, the more time it will take to complete the site. We will let you know once we have 10 hours of time in the site so that you are aware of how much time is left. If you request us to make changes beyond the total allotted hours, you will be billed at $150/hour and any overages will be billed on the first month’s bill.
We have found that it is helpful to clearly state what is and what isn’t in the scope of this project. If additional things are added to the scope of the project then they will be billed at the above rate. We will not begin work on any scope additions until receiving approval from you in writing or via email to do so. You agree to the following scope definitions along with things already mentioned:
In Scope:
Not In Scope:
If any of the above needs to be included in the scope, please let us know and we will provide you with a revised contract, or we can add them later for an additional cost.
Note: All timeframes listed below will apply to the full design when it is started.
Our team does not begin designs until all needed content is submitted.
Once a design is submitted to you for approval, you will have 10 business days to request revisions or approve it before it is automatically approved and moved to development.
Once a page design has been approved for development, any additional design changes for that page will incur our additional hourly charge.
Once the initial site design meeting takes place, if we are waiting for content (either images or text) for more than 30 days, you will be charged a re-starting fee of $250 to restart the project.
You will retain control of your domain. We will either give you the information to point your domain to our server or we will need login information to your domain registrar to make the change ourselves. If you wish help to purchase a domain, this will be done separately and at the market cost of the specific domain.
We will manage the hosting of your website. We will make file and database backups daily and we will keep the software and plugins powering your Epic Site up to date with critical updates. If you place additional files or websites outside of your Epic Site in your hosting account we cannot guarantee their security or that they will be backed up and cannot be held liable for any damage that might come from that. You also agree to not add content related to pornography, gambling, or any other illegal activity. You also agree to not use your hosting account as storage for files that are not directly related to your online marketing.
We will provide the following Services to the Client:
Mascot Customization Process:
This customized mascot will be strategically designed to enhance brand recognition, increase social media engagement, and create an interactive, memorable experience for customers.
We will manage your social media accounts in a way that helps your business establish or improve its online presence. Per our discussions, this agreement will cover management for the following platforms:Facebook, Instagram, TikTok, and YouTube Shorts
This agreement is limited to up to 20 hours per month, which includes monthly analytics and reporting time. While we rarely exceed that number of hours, the more detailed and granular you are with changes or the longer it takes to receive information from you, the more time it will take to implement your plan. If you request us to make changes or expansions that push us beyond the total allotted hours, we will notify you in advance for your agreement and you will be billed at $150/hour for social media management.
We have found that it is helpful to clearly state what is and what isn’t in the scope of this project. If additional things are added to the scope of the project then they will be billed at the above rate. We will not begin work on any scope additions until receiving approval from you in writing or via email to do so. You agree to the following scope definitions along with things already mentioned:
In Scope:
Not In Scope:
If any of the above needs to be included in the scope, please let us know and we will provide you with a revised contract, or we can add them later for an additional cost.
As the client, you agree to provide the following to Epic Nine LLC:
We agree to create a posting plan at least one week in advance for you to approve. Once a plan is submitted to you for approval, you will have 3 business days to request revisions or approve it before it is automatically approved and moved to scheduling. You agree that this posting plan can be revised at our discretion based on any requests you may make to include “last minute” or urgent items, event updates, etc. You agree to use Epic Nine’s chosen social media management platform for review and approval process.
You will retain ownership of your social media pages in accordance with any guidelines set forth by the platform management (i.e. Facebook, Instagram, etc.) Epic Nine LLC is not responsible for any decisions made by the platform management regarding inappropriate content, community guidelines, or engagement rules. Additionally, Epic Nine cannot guarantee engagement, ranking, or algorithm adjustments.
You are agreeing to the following terms for your digital advertising campaign. If we send proofs to be reviewed for ad creative and/or copy, they will be considered approved if no revisions are requested within 5 business days. If creative assets are not delivered to us based on an agreed upon timeline, then we cannot guarantee a campaign will start on time.
The prices listed in the pricing section below are estimates and may vary from what you are actually charged. We guarantee that will not be charged more than you budgeted or more or less than the CPM price below +/- 25%.
We agree to design any display, and site retargeting ads for you. This agreement does not cover any video production. A separate video production agreement will need to be signed in order to produce video. If you supply any graphic or video assets, there may be additional fees if the files do not meet our standards. We cannot be held liable for any costs associated with graphic design or video production for ads that are not able to run through this campaign.
You are hiring us for graphic design services for display ad design, rack card design, email marketing templates and ongoing designs/emails, and any additional items that are agreed upon in your strategy. Unless stated elsewhere, you agree to pay us $150/hour for graphic design services. This includes print design and digital design along with any any requested revisions and print setups.
We will provide you with proofs to approve before any design is printed or used online. We will do our best to catch anything that needs to be edited before using design. Ultimately, you are responsible for any content (including grammar and spelling), unless you pay us to create it, that gets printed.
You are hiring us for graphic design services and content creation for email marketing. Unless stated elsewhere, you agree to pay us $150/hour for these services. This includes content creation (unless provided by you in final proof form) print design and digital design along with any any requested revisions and print setups.
We will provide you with proofs to approve before any design is printed or used online. We will do our best to catch anything that needs to be edited before using design. Ultimately, you are responsible for any content (including grammar and spelling), unless you pay us to create it, that gets printed.
You are hiring us to host your email marketing software. We will set up your email marketing account and import your initial list of email addresses. The pricing below is for your initial email list size. You may incur higher monthly charges as your list grows. Unless stated elsewhere, you are not paying us to design or send email blasts, but will have the ability to do so on your own.
We do not guarantee email deliverability or guarantee that emails won’t go to spam. There are many factors outside of our control that determine such things. You acknowledge that we are reselling Tarvent services and you agree to their policies and terms.
You ensure that individuals on your initial email list have given you permission to contact them via email.
Our website visitor identification tool will identify your website visitors by name and email address and sometimes mailing addresses. This information can then be used in automated followup email campaigns or direct mail campaigns at your discretion. About 40% of all traffic can be identified through this system.
In order to ensure the highest level of service and the greatest likelihood of reaching your goals, we will meet with you every monthly to review the progress of your campaigns as well as discuss any needed changes or strategic opportunities. You will also have a dedicated project manager that will ensure your projects and communication is timely and efficient.
By hiring Epic Nine as your agency of record, you agree to inform us of any marketing or PR decisions made during the life of this agreement as these decisions have the potential to affect the success of the overall campaigns we conduct.
Any significant changes to your website, ads, messaging, or any other element that has a meaningful role in the campaigns we conduct will be reviewed by your strategist. By signing below, you agree that if you go against the good faith advice of our team, you might affect successfulness of your campaigns.
In no event shall Epic Nine LLC be liable to Buzzed Bull Creamery/Atomic Shakes or any third party for any loss of profit, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or Epic Nine LLC’s services, even if Epic Nine LLC has been advised of the possibility of such damages. Epic Nine LLC shall not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Epic Nine LLC’s reasonable control.
Buzzed Bull Creamery/Atomic Shakes agrees to indemnify, defend, and hold harmless Epic Nine LLC and its affiliates, officers, agents, employees, and permitted successors and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Buzzed Bull Creamery/Atomic Shakes’s violation of this agreement or use of Epic Nine LLC’s services beyond the scope of this agreement.
Either party may terminate this agreement with 60 days written notice to the other party. Upon termination, Buzzed Bull Creamery/Atomic Shakes shall pay Epic Nine LLC for all services rendered and expenses incurred up to the date of termination. Upon receipt of such payment, Epic Nine LLC shall deliver any work completed to Buzzed Bull Creamery/Atomic Shakes. Termination of this agreement shall not affect the rights of either party that accrued up to the date of termination.
Any amendments or modifications to this agreement must be in writing and signed by both parties. No verbal agreements or understandings shall be effective.
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings of the parties, written or oral, relating to the subject matter of this agreement. This agreement may be amended only by a written document duly executed by all parties. No party shall be bound by any condition, definition, warranty, or representation other than as expressly provided in this agreement or as duly agreed to in writing by the parties.