Grunt Workers, LLC - Service Agreement

Last Updated on August 7, 2020

The following document outlines the working practices operated by Grunt Workers, LLC (the Company) and the standards of service offered to clients.

 Company Responsibilities
 
This agreement sets out clearly what you have a right to expect from the Company. It also explains the limits of our liability and responsibility.
 
This agreement forms part of our commitment to transparency and openness that we believe is vital to any business relationship. By clarifying entitlements and responsibilities up front it also helps to streamline projects and ensure their timely delivery.
 
We are delighted you have chosen us to support you with your marketing and can promise you service of the highest standard for as long as you need it.
 
Please don’t hesitate to contact James Zolman if you have any questions regarding the agreement.
 
James Zolman
Grunt Worker #1 / Founder
Grunt Workers, LLC
P.O. Box 57, Menan, ID 83434
Phone: 208-520-0818
 
Service Level Agreement
 
1. Definitions
1.1 A Project can be any digital based service provided by the Company to the Customer. (Examples include ad management, content management systems, email marketing, social media marketing, search engine optimization, copywriting, and other digital marketing services)
1.2 “Frustrates” is a term used to describe a situation in which one party to a contract acts in such a way so as to make it unrealistic for the other party to carry out their part of the contract.
1.3 The word “contract” as it appears in these terms and conditions shall mean the contract between the Company and the Customer, which will be based on the terms and conditions contained within this Service Level Agreement.
 
2. Abbreviations
 
2.1 “The Company” stands for Grunt Workers, LLC.
2.2 SLA stands for Service Level Agreement.
2.3 Customer stands for you and your business.
 
3. Contract
 
3.1 The terms and conditions contained in this SLA apply to the Company Customers unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between the Company and the Customer.
 
4. Pricing
 
4.1 The Company will provide pricing in writing by email or publicly on the website to customers, which will include a hyperlink to this SLA. Acceptance by a customer of Company pricing is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and the Company to the contrary.
 
5. Variations
 
5.1 Work that is in addition to that detailed in our fixed prices will be valued and added to the price.
 
6. Intellectual Property Rights
 
6.1 You own all content and files we create during any month paid in full. You will provide all content/copy to be used. You agree that any materials provided to the Company are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible to review all copy we create. You are responsible that any materials provided by the Company or provided by you can be legally used in our work. We are not liable for the materials you provide, or that the Company provides, as it pertains to license or trademark issues and you represent to the Company that all materials provided do not infringe on the intellectual property rights of third parties.
 
Subscriptions to stock photography or media is under a specific use license. Managed stock photography or assets (provided by Getty Images or other services) are licensed to be used in the specific files created by the Company from a client request. Individual photos or assets will not be provided.
 
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
 
7. Fees, and Satisfaction Guarantee
 
7.1 You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of the Company to perform under this Agreement. You further agree that, upon registering for the Company services, you authorize the Company to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by the Company through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Company may be suspended in the event of non-payment of applicable fees. You represent and warrant to the Company that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
 
You may cancel your subscription with the Company at any time. Upon cancellation, you will continue to have access to the the Company services and your project through the end of your paid billing term. Access to your account’s project requires an active subscription. Cancelled accounts will not have access to their projects or files once their billing term has ended.
 
The Company may change its fees from time to time by posting the changes on the Company website with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
 
You may request a Grunt Workers replacement staff member at any time for any plan.
 
Charges and refunds are dependent on the exchange rate between the US Dollar and your currency for the day. There are no refunds for partial subscription plans under any circumstance, including unused time on a plan.
 
Promotions, upgrades, and adjustments to existing plans are non-refundable.
 
You, the client are responsible to use the Company after payment.
 
8. Output
 
8.1 While we do our best to minimize any mistakes, due to the nature of marketing we can not guarantee all deliverables will be 100% error free. Upon delivery you agree to review and proof all deliverables for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. The Company is not responsible or liable for any losses or expenses incurred from errors or omissions.
 
8.2 While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
 
9. Damages and Abuse
 
9.1 The Company do not have any liability to the Customer for the performance of a marketing task, project, campaign or any other entity/service developed/setup for the client.
 
9.2 IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THE COMPANY’S INTERNET SITE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
 
9.3 the Company is designed for the reasonable use of a single individual from a non-marketing based small business. We are not meant to replace a full-time marketer – so use your common sense!
 
If we find that you are not in alignment with our model, sharing access/accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.
 
Your right to use the the Company services shall terminate upon your breach of any term of this Agreement.
 
10. Termination
 
10.1 In the event that the customer does not pay an invoice within 7 days of the due date, i.e. within 7 days of the date of the invoice, then the Company have the right to suspend all further works for that customer until such time as payment is made in full.
 
10.3 In the event that the customer becomes insolvent or goes in to liquidation the Company have the right to immediately terminate their contract with the Customer and invoice for the full value of project works carried out to that date, plus suspend any additional services.
 
10.4 In the event that a customer “frustrates” the progress of a project contract with the Company then the Company will be entitled to give 14 days’ written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14 day notice period, then the Company will have the right to terminate the contract. the Company will invoice the Customer for the full value of works carried out to-date.