SERVICES AGREEMENT

We do all things HubSpot.  We commit to apply our knowledge of HubSpot to your HubSpot portal and business to help you achieve growth.

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We can’t guarantee that our work will be error-free (we’re human!) so we aren’t liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

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We agree to use our best efforts to fulfill and exceed your expectations on the deliverables we create together.. You agree to aid us in doing so by making available to us needed information pertaining to your HubSpot Portal and to cooperate with us in expediting the work.  Also, unless you tell us otherwise, we may highlight our work for you when we talk to other prospective clients.

You agree to pay the fees described in the in the Implementation Proposal.   Requests above and beyond our monthly budget may be considered out-of-scope and an amendment to the budget will be recommended. 

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward,  so you agree to stick tight to the following payment schedule. Your first month will be pro rated based on the date of the kick-off call and each month after will be billed with the monthly fee for that month plus any additional hours worked for the previous month.

You agree to pay each invoice in full within 15 days of the invoice date.  It costs us money and effort to carry overdue fees. Therefore, if payment is not made within 15 days, we will charge a late payment fee of 1%  per month on any overdue and unpaid balance not in dispute.  In addition, we reserve the right to stop work until payment is received.  But this is just legal talk.  We want you to be happy, we want to work for you and also want to be paid.  

In the event that we incur legal fees and costs in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

Our goal is to WOW you, but if we aren’t able to do that then you have the right to modify any plans or work in process.  However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action.  We agree to use our best efforts to minimize such costs and expenses. 

6.1 YOUR RESPONSIBILITY FOR RELEASES

You will obtain and will grant to us any necessary releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained for use in performing services for you (if applicable).  This essentially means that if you have shutterstock images then we can use them for your account and in highlighting our work on your account to others.

6.2 YOUR RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.  

6.3 YOUR RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.

You and we both agree , both during and after the term of this agreement, to use all reasonable efforts to preserve the confidentiality of any of each other’s proprietary or confidential information or data developed or disclosed in connection with our work for you. We believe we are good at what we do and how we do it so please don’t tell others our secret sauce, and we’ll do the same for you.

8.1 PERIOD OF AGREEMENT 

This Agreement is effective as of the date of our kick off call and will continue until the earlier of: (i) the completion of six months or with 30 days notice after the six month contract, and (ii) the termination of this agreement by either party for cause.  

8.2 TERMINATION FOR CAUSE

Either party to this Agreement may terminate the Agreement immediately if the other party defaults in the performance of any of its material duties and obligations and reasonable steps have not been taken to cure the default within 15 days of receipt of notice of the default, 

We retain all our rights to the intellectual property we use in connection with providing services to you under this Agreement (including any pre-existing tools or processes), and you assign us all rights to any invention, improvement, development, process, tool, or concept, that is developed or discovered by us during our engagement with you.  You retain all your rights to the intellectual property you provide in connection with us providing services to you under this Agreement (including any written or other content created by you), and we assign you all rights to the deliverables we provide to you in connection with our services.

We plan to perform our services as an independent contractor to you, and we are not acting as your agent or employee.  We will provide all of our own tools and materials (except as otherwise provided in the Implementation Proposal), and we will be responsible to pay all self-employment and income taxes applicable to us.