TERMS AND CONDITIONS
General Terms and Conditions
The terms and conditions provided below are considered incorporated into any fully-executed Pink Teddy LLC proposal. “Client” in these terms and conditions is defined as any person or business entity who enters into an agreement for consultative and/or creative services by signing a Pink Teddy LLC proposal.
Pink Teddy LLC shall provide consultative and/or creative services for the project as agreed between Pink Teddy LLC and Client in the Pink Teddy LLC proposal, potentially including strategy, design, copywriting, search engine optimization, development, and coordination of the project and its execution. Pink Teddy LLC shall provide the services required to complete the project as described in the fully-executed Pink Teddy LLC proposal.
1.1 The minimum period for the supply of service is three months and Pink Teddy undertakes to guarantee the charges stated overleaf during this period.
1.2 Client shall give a minimum of 30 days written notice of a wish to discontinue use of the service. Either party can terminate this agreement with notice.
1.3 All invoices are due upon receipt and are overdue 30 days from date of invoice.
1.4 Pink Teddy makes no warranty that the service will generate any increase in sales, business activity, profits, or any other form of improvement for your business or any other purpose.
1.5 There are no refunds available on services provided by Pink Teddy.
1.6 No liability whatsoever (except as provided by law) will be accepted by Pink Teddy for any damages or losses arising from or as a consequence of the provision of the Services or any other act or default on the part of Pink Teddy or of any servant, agent or contractor of Pink Teddy in relation to this agreement and the Services unless the same occurs because of the negligence of Pink Teddy, its servants, agents or contractors in which case liability is limited to resupplying the Services again or a refund of the fees paid by you in the previous 1 month as elected by Pink Teddy.
1.7 Quotes and pricing terms are negotiated between Client and Pink Teddy and may be unique to Client. Therefore, and except as otherwise provided by law, Client hereby agrees to keep the pricing arrangement confidential for a period of no less than three (3) years from the date of the signed quote. Client will not use this Confidential Information in furtherance of its business, or the business of anyone else, whether or not in competition with Pink Teddy.
Obligations of Client and Pink Teddy LLC
2.1 Client Will Provide Information and Materials Necessary for the Proposed Project
Client shall provide accurate and complete information and materials to Pink Teddy LLC and shall be responsible for the accuracy and completeness of all information and materials so provided. Client guarantees that all materials supplied to Pink Teddy LLC are owned by Client or that Client has all necessary rights in such materials to permit Pink Teddy LLC to use them for the project.
2.2 Pink Teddy LLC Will Protect Information and Materials Provided by Client
Pink Teddy LLC shall take reasonable precautions to safeguard original or other materials provided by Client. However, Pink Teddy LLC shall not be liable for any damage to or loss of any material provided by Client, including artwork, photographs, or manuscripts, other than on account of willful neglect or gross negligence of Pink Teddy LLC. Pink Teddy LLC acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Pink Teddy LLC on behalf of Client or disclosed by Client to Pink Teddy LLC.
Governing Law
3.1 This agreement shall be governed by the laws of Michigan. If the parties are unable to resolve any conflicts amicably, the Federal and State Courts in Kent County, Michigan, shall have exclusive jurisdiction regarding any dispute pertaining to the Pink Teddy LLC proposal signed by Client, including these incorporated terms and conditions. The parties consent to the personal jurisdiction of the Federal and State Courts in Kent County, Michigan.