Terms & Agreement
R&A Corporate Address:PO Box 197 Lewis Center, OH 43035
R&A Corporate Phone: 888-225-0776
R&A Corporate Email: firstname.lastname@example.org
Compensation: Agreed Payment Billed Every 4 Weeks | Due Upon Receipt
Term: The marketing service will run on an ongoing basis subject to the cancellation or program pause provisions below.
Deliverables: In the process of developing marketing assets and strategy, R&A Marketing obtains data from various outside sources (“Outside Information”). This outside information is passed on to Client as a marketing asset/service. Outside information, marketing assets and all other program deliverables are provided to Client on an “AS IS” basis without warranty of any kind. R&A Marketing does not propose, promise or guarantee that the marketing assets or marketing research will result in an order of consummation of a sale. R&A shall not be responsible for Client’s sales lead follow-up. Any representation made by R&A concerning the number or qualification of said leads, or appointments, or marketing research are estimates and are not guarantees of R&A actual performance during the term of this statement of work.
Cancellation or Program Pause Provision: Client and R&A agree to 12 week commitment of goods and services. R&A or Client has the right to terminate or pause this statement of work in accordance with the Notices provision below. Upon termination or pause of R&A services client agrees to provide R&A with 4 weeks’ advance notice. Should the client cancel or pause this agreement and not provide this four-week notice period the client agrees to pay a termination fee equal to 4 weeks of the agreed upon services.
Limitation of Liability: Not with standing anything to the contrary herein, neither party shall be liable to the other party for consequential, incidental, special, indirect, punitive or exemplary damages arising out of or related to this statement of work, including lost profits or loss of business, even if the party is apprised of the likelihood of these damages occurring. Under no circumstances will a party’s total liability hereunder, regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the fees paid by Client during the 2 month period prior to the date on which the claim arose.
Governing Law: This statement of work will be governed by the laws of the State of Ohio without reference to provisions relating to conflict of laws.
Enforcing Terms: If either party brings an action or proceeding to enforce the above terms, the prevailing party in any such action shall be entitled to its reasonable attorneys’ fees.
Notices: Any notice, which is required or desired to be given hereunder, shall be deemed to be sufficiently given if sent by return receipt email to email@example.com, certified or registered mail, postage prepaid, return receipt requested, and/or delivered by overnight carrier, and addressed to R&A Marketing at the address listed above.
General: This statement of work constitutes the entire agreement of the parties with respect to the subject matter hereof. Neither party may assign its rights or delegate its duties or obligations under this statement of work without the other party’s prior written consent; provided, however, that a party may assign this to a subsidiary or an affiliate or in the event of an acquisition or merger of such party. This statement of work shall be binding upon and inure to the benefit of the parties and to their successors and permitted assigns. If any provision of this statement of work is deemed void by law, the remaining provisions shall continue in full force and effect. Only a written agreement signed by the parties can modify this statement of work. Failure to enforce any provision of this statement of work shall not constitute a waiver of any term hereof. This statement of work may be executed in counterparts, each of which shall be deemed an original and each of which together shall constitute one and the same instrument.
PO Box 197
Lewis Center, OH 43035