Terms and Conditions

Elevate With Marketing (“Elevate With Marketing”) provides Online Reputation Management services, content, and online executive strategy services subject to the terms and conditions set forth in this subscription agreement (the “agreement”). Please read the terms of this agreement carefully.

By accepting the Elevate With Marketing service, you are agreeing to be bound by the terms of this agreement. Notwithstanding the foregoing, using Elevate With Marketing services indicates your acceptance of this agreement.

1. Services and Obligations of the Parties

1.1 The Services

Elevate With Marketing will provide services to the Customer related to the Customer’s online executive reputation management efforts (“Services”). The Services are outlined in more detail in one or more Product Descriptions.

1.2 Elevate With Marketing Obligations

Elevate With Marketing will provide the Services in a professional, diligent, and commercially reasonable manner, and always aim to adhere to project deadlines. Elevate With Marketing will remain responsible for the performance of and payment to each such person, and for their compliance with the terms and conditions of this Agreement.

1.3 Customer Obligations

Customer acknowledges that the successful completion of service will require Customer’s collaboration, and full, timely, and accurate performance of its obligations. Customer will: (a) cooperate in all matters relating to the Services; (b) provide access to Customer’s documents, databases, and personnel as may be reasonably necessary; (c) provide complete and accurate materials in a timely manner.

1.4 Effect of Delays

Elevate With Marketing shall not be liable for any costs, charges, or losses sustained by Customer if performance is prevented or delayed by any act or omission of Customer or any of its Representatives.

2. Term and Termination

2.1 Term

The term will commence as of the Effective Date. The Agreement shall automatically renew on a month-to-month, quarterly, semi-annually, or annual basis, until either party requests termination.

2.2 Early Termination

If a customer wishes to terminate before the end of the term, the customer must provide 30-days written notice and shall be responsible for an early termination fee equal to the lesser of (a) the total remaining unpaid subscription fee or (b) 3-months of subscription fees payable immediately.

2.3 Non-Payment

Elevate With Marketing may terminate this Agreement immediately if Customer fails to pay Fees and such failure continues for more than 10 days from the due date.

3. Fees and Expenses

3.1 Subscription

You agree to pay Elevate With Marketing for your chosen subscription. Monthly billing recurs beginning on the Effective Date. Annual billing changes may only be made at the time of renewal.

3.2 Late Fees

Outstanding Balances over 30 days will be charged a monthly fee equal to the lesser of (a) 10% of the balance or (b) the maximum interest chargeable under law.

3.3 Payment Disputes

You agree to contact billing@elevatewithmarketing.com within ten (10) business days of a disputed charge to attempt informal resolution before initiating a chargeback. Improper chargebacks constitute a material breach of this Agreement.

4. Confidentiality and Non-Solicitation

4.1 Confidentiality

Elevate With Marketing will maintain as confidential all non-public information and data it receives from Customer.

4.2 Non-Solicitation

For a period of one (1) year after termination, Customer shall not, directly or indirectly, recruit, hire, or solicit any person who is or was employed by or an agent of Elevate With Marketing.

5. Independent Contractor

5.1 Relationship

Elevate With Marketing is an independent contractor. Neither party is considered an agent, partner, or joint venturer of the other.

6. Ownership of Content & Deliverables

6.1 Ownership

Upon payment in full, Customer will be the sole and exclusive owner of all right, title, and interest in and to the final Content & Deliverables.

6.2 Elevate With Marketing Materials

Elevate With Marketing retains ownership of all methodologies, tools, and processes created or acquired independently of this Agreement.

7. Governing Law and Venue

7.1 Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. The parties agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Warren County, New Jersey, and each party hereby submits to the personal jurisdiction and venue of such courts.

Contact

If you have questions about these Terms and Conditions, please contact us at:

Elevate With Marketing
96 McDonald Street
Washington, NJ 07882
Email: john@elevatewithmarketing.com