Terms & Conditions – Fire Media Group and "the client"
Fire Media Group will submit our bill monthly as services are performed, and it will be due and payable upon receipt. Subscription services are billed on the 1st of each month and on-demand services are billed on the last day of each month. We accept payment by credit card only.
For all of Fire Media Group’s subscription-based marketing services, we require a minimum term of 12 months. The reason is simple. We need your commitment for that length of time to achieve the results we both set out to achieve. Giving you the ability to cancel at any time means you're not thinking long-term, and as you know, that isn't the kind of thinking that produces epic results.
All marketing development requests must be submitted through our client portal Tickets page or by email to firstname.lastname@example.org. These requests may include website updates, design, copywriting, and consulting. We also offer quick communication via WhatsApp provided by Fire Media Group ("FMG").
Please note that FMG will not accept official communications from any other source. It is the client's responsibility to ensure that all requests are submitted through the designated channels mentioned above.
By submitting a request through our client portal or by email, you agree to provide accurate and complete information related to your marketing development needs. FMG reserves the right to reject or delay requests that do not meet these standards.
We will make every effort to respond to all requests in a timely manner, but we cannot guarantee immediate responses. Our response times may vary depending on the complexity and urgency of the request.
Service Level Agreement (SLA)
This Service Level Agreement ("SLA") applies to the services provided by Fire Media Group ("FMG") to "the client" for the services described below:
- Website Projects: The Service Provider will complete website projects within 4-6 weeks of receiving all necessary information and materials from the Client.
- Website Updates: The Service Provider will complete website updates within 1-3 business days of receiving all necessary information and materials from the Client.
- Graphic Design: The Service Provider will complete graphic design requests within 1-4 business days of receiving all necessary information and materials from the Client.
- Copywriting: The Service Provider will complete copywriting requests within 1-3 business days of receiving all necessary information and materials from the Client.
- Consulting: The Service Provider will respond to consulting requests within 1-2 business days of receiving the request.
Fire Media Group ("FMG") agrees not to misuse or disclose any confidential information that is made available by "the client" during the course of the project. "Confidential Information" means any non-public information that is identified as confidential or proprietary.
By engaging in our services, clients provide consent for the use of their websites, branding, graphics, and related materials in our personal portfolio. Additionally, clients acknowledge that their materials may be included in the portfolios of our ever-changing vendors, partners, or subcontractors. We value the trust our clients place in us and ensure that any use of their materials will be done with the utmost professionalism and confidentiality. If clients have specific concerns or restrictions regarding the use of their materials, they are encouraged to communicate with us to address their preferences.
All materials produced by Fire Media Group ("FMG") for "the client" shall be owned exclusively by "the client" unless otherwise agreed to in writing by both parties. This includes but is not limited to, all graphics, designs, photographs, videos, written content, and any other intellectual property created during the course of the project.
"The client" warrants that it has obtained all necessary permissions and licenses to use any third-party intellectual property that it provides to FMG for incorporation into the project. "The client" agrees to indemnify and hold harmless FMG against any and all claims, costs, and expenses arising from any infringement or alleged infringement of any third-party intellectual property rights.
FMG agrees not to use any of "the client's" intellectual property for any purpose other than in the course of fulfilling its obligations under the project agreement. FMG retains the right to use any non-identifying elements of the project for promotional and portfolio purposes.
Limitation of Liability
Fire Media Group ("FMG") shall not be liable to the client or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the services provided under these terms and conditions. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if FMG has been advised of the possibility of such damages.
The client acknowledges and agrees that FMG's liability for any claim arising out of or in connection with these terms and conditions, regardless of the form of action, shall be limited to the amount paid by the client for the services provided by FMG under these terms and conditions.
FMG shall not be liable for any delay or failure to perform its obligations under these terms and conditions if such delay or failure is caused by events beyond FMG's reasonable control, including, but not limited to, acts of God, war, terrorism, civil unrest, labor disputes, and equipment or network failure.
The client acknowledges and agrees that the limitations of liability set forth in this section are fundamental elements of the basis of the agreement between FMG and the client, and that FMG would not be able to provide the services under these terms and conditions without such limitations.
The client agrees to indemnify and hold FMG and its directors, officers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with the client's use of the services provided under these terms and conditions.
This limitation of liability shall survive any termination or expiration of these terms and conditions.
Either party may terminate this agreement at any time by giving written notice to the other party. If "the client" terminates this agreement, FMG will reserve a period of up to 8 weeks to off-board "the client" from marketing services and to share access to assets and platforms.
During the off-boarding period, FMG will provide "the client" with reasonable access to any materials or assets created by FMG during the course of the project, including but not limited to, designs, graphics, content, and data. FMG will also provide reasonable assistance to "the client" in transferring any accounts or platforms to a new service provider.
"The client" acknowledges that there may be a reasonable delay in the transfer of accounts and access to platforms and agrees to cooperate with FMG in a timely and efficient manner to facilitate a smooth transition.
FMG reserves the right to bill for its time to off-board "the client" from marketing services, including but not limited to, time spent transferring accounts and providing access to platforms. In addition, "the client" agrees to pay a cancellation fee equal to 20% of the remaining contract total in the event of termination by "the client" prior to the end of the agreed-upon term.
Fire Media Group ("FMG") is your personal as-needed marketing team. "The client" may delegate marketing development tasks to FMG, including but not limited to website updates, design services, copywriting, and consulting; billed hourly at a rate of $115.
FMG is not a same-day service. Our standard marketing development request turnaround is 1-4 business days per request. FMG operates on a first-come, first-served basis, and all requests must be submitted via FMG's online client portal or by emailing email@example.com.
FMG will provide an estimate of the time required to complete each request and will obtain "the client's" approval prior to commencing work. "The client" is responsible for ensuring that all necessary materials and information are provided to FMG in a timely manner to facilitate the completion of each request.
FMG will invoice "the client" for all services provided in accordance with its standard billing practices. Payment is due upon receipt of each invoice.
We understand that from time to time; you may require assistance with tasks that fall outside the scope of our products and services. These tasks may include but are not limited to administration, data entry, management of tools and apps that aren't included in our products, and other tasks that are not website or search marketing related.
Please note that any such requests will be considered out-of-scope and may be rejected or require additional fees. We will provide you with a quote and timeline for completing the task, and you will have the option to accept or decline the quote.
In addition, we cannot guarantee the quality of the work performed for out-of-scope requests, as they may not align with our area of expertise. We will make every effort to complete the task to the best of our ability, but we cannot be held responsible for any errors or omissions.
Confirmation of Terms
Please review and digitally sign this letter below to indicate that it is in accordance with your understanding of the arrangements. Unless we advise you of any change, this letter will be effective for future years.
Fire Media Group
Acknowledgment of Terms of Engagement
By signing below, I confirm I have the authority to contract on behalf of "the client." I hereby agree to the terms of engagement dated On Acceptance of Fire Media Group as set out above in this letter of engagement.