Dear Shaun,
Thank you for choosing Epic Nine as your partner to help accomplish your organization’s mission. We look forward to a long relationship with Mountain Hope Good Shepherd Clinic.
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 (Mountain Hope Good Shepherd Clinic) 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 manage the hosting of your website. We will make file and database backups daily and we will keep the software and plugins powering your website up to date with critical updates. Daily backups will be held for 30 calendar days. If you place additional files or websites outside of the site committed to Epic Nine 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.
Additionally, as part of your hosting package, we will provide complimentary support ticket minor updates. This includes such things as updating content/images with new content/images provided by you, adding/removing team members, and adding events. When larger changes are made that involve addition design or development, our team will inform you prior to start of any additional costs that will be billed at $150/hour.
In no event shall Epic Nine LLC be liable to Mountain Hope Good Shepherd Clinic 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.
Mountain Hope Good Shepherd Clinic 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 Mountain Hope Good Shepherd Clinic’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, Mountain Hope Good Shepherd Clinic 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 Mountain Hope Good Shepherd Clinic. 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.
If payments are not made on time, a 10% late fee will be added to your account. If your account becomes 2 months overdue then your website and email will be suspended and inaccessible until a payment is made. Files, databases, domain names, ecommerce system, and emails will be inaccessible until your account is in good standing.
If you are receiving a marketing grant from Epic Nine, you agree to submit a letter for our records of an in-kind donation for $1000.
All pricing in this agreement is good for 12 months upon signing. After 12 months, hosting, email software, EverSite, social media management, digital ad pricing, nonprofit plans, and hourly rates are subject to change.