Dear Amanda,
Thank you for choosing Epic Nine as your partner to help accomplish your organization’s mission. We look forward to a long relationship with Collier Restaurant Group/Taco Trail.
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 (Collier Restaurant Group/Taco Trail) 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 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 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.
This agreement is limited to a total of 24 hours 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 hiring us for graphic design services for email design 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 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 Active Campaign 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.
Email Marketing
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.
Website Visitor Identification
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.
$1 per identified lead
$250/month
250 new users to email
Digital Ads
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 graphci design or video production for ads that are not able to run through this campaign.
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.
Signed by: Amanda Barnes (abarnes@collierfoods.com) on 2025-01-07 15:39:20
IP Address: 35.130.122.226
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