Dear John,
Thank you for choosing Epic Nine as your partner to help accomplish your organization’s mission. We look forward to a long relationship with The Hearing and Speech Foundation.
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 (The Hearing and Speech Foundation) 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 agreement, which is from February 1, 2025 through April 30, 2025, 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 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, and LinkedIn.
This agreement is limited to a total of 24 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 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 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.
In no event shall Epic Nine LLC be liable to The Hearing and Speech Foundation 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.
The Hearing and Speech Foundation 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 The Hearing and Speech Foundation’s violation of this agreement or use of Epic Nine LLC’s services beyond the scope of this agreement.
This agreement will terminate on April 30, 2025. The Hearing and Speech Foundation 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 The Hearing and Speech Foundation. Termination of this agreement shall not affect the rights of either party that accrued up to the date of termination. Upon termination, The Hearing and Speech Foundation 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 The Hearing and Speech Foundation. 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.
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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: John Hinkle (jahinkle@handsf.org) on 2025-01-27 17:50:19
IP Address: 97.89.95.10
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