Terms of Service

By engaging Twelve Legs Marketing’s services, you acknowledge and accept our terms of service, as outlined below. We reserve the right to update our terms of service at any time without prior notice.

The terms listed below are for informational purposes and do represent a formal contract. Please contact your account manager with any questions regarding your services contract.

CONFIDENTIALITY

Client and Twelve Legs Marketing agree that all materials provided by either party in connection with the Services provided by Twelve Legs Marketing and all materials created by Twelve Legs Marketing in connection with such Services, including but not limited to, any information, regardless of form or medium, disclosed to Client or Twelve Legs Marketing or known by Client or Twelve Legs Marketing as a consequence of, or through performance of the Services by Twelve Legs Marketing including information related to Client, including all business, technical, financial, and any other information (whether in writing, orally or created by any other means), disclosed, created, or exchanged between the Parties pursuant to and in relation to the performance of the Services under the Services Agreement is “Confidential Information.”

TURNAROUND TIME ON REVISIONS AND UPDATE REQUESTS

Depending on the complexity of requests, Twelve Legs Marketing requires a minimum of 2-4 business days turnaround time, unless otherwise communicated with Client.

Any requests received after 2:00 pm MT will be processed on the following work day.

If Client does not provide feedback within one work week on active projects, and causes delay in project execution, we will impose an initial $500 production holdup charge and $100/day production holdup charge for any consecutive day of delay.

If Client fails to provide necessary approval and/or feedback within 30 days project will be deemed completed regardless of the stage of completion and full payment will be due. Any requests after a 30-day lack of feedback will be treated as a new project and require a new contract.

OFFICE HOURS AND COMMUNICATION

Standard office hours are Monday – Friday, 9:00 am – 5:00 pm MT with the exception of holidays.

Any requested support support between 7:00 am – 9:00 am, or 5:00 pm and 10:00 pm MT will be charged at after-hours hourly rate.

Any needed support between 10:00 pm and 7:00 am MT will qualify as emergency support and is subject to emergency hourly rates.

Email is to be the primary form of communication between the Client and Twelve Legs Marketing. The Agent is available for telephone calls only during the office hours. Occasional calls of under 10 minutes are not typically billed to the Client, but the time of both parties must be respected, and calls lasting over 15 minutes will be billed to the Client at an hourly rate.

Services outside of the above specified hours can be pre-arranged and available on request, for evening and weekend work. Twelve Legs Marketing reserves the right to charge an additional 50% of the agreed upon fees for work executed outside of standard work hours.

MEETINGS

Meetings constitute communications via telephone, virtual in-person or in-person, lasting more than 15 minutes.

Zoom (or other virtual meeting space) is to be the primary and preferred form of personal meeting between the Client and Twelve Legs Marketing. Twelve Legs Marketing is available to meet personally only during office hours as specified above, unless agreed upon differently. Any requested meetings will be charged per hour, per employee at an hourly rate. 

Any meeting date and time changes will be requested at least one business week in advance. Any requested calls in a shorter time frame will be treated as urgent requests and will accrue a 50% surcharge on top of hourly rate. Meeting changes requested 4 business days or less before scheduled meeting will incur an hour account management time.

Meetings or calls, which are canceled less than two (2) business days prior to scheduled time or due to no-show will be charged for one hour of account management time and one hour for coordination and rescheduling, at standard service rate of $175/h unless otherwise stated in your agreement.

For physical, in-person meetings, Twelve Legs Marketing requests those are held at the Twelve Legs Marketing office located at 201 E Las Animas St., Unit 109, Colorado Springs, CO 80903. If physical in-person meetings are requested on the Client’s premises, Twelve Legs Marketing reserves the right to add additional travel and time expenses for commutes of more than 5 miles from the Twelve Legs Marketing office.

Agent reserves the right to record meetings and/or calls for documentation and training purposes.

TRAVEL REIMBURSEMENTS

Services requiring travel outside of a 5-mile radius from the Twelve Legs Marketing office will incur additional fees for travel time per Twelve Legs Marketing employee, plus mileage reimbursement at the current year’s federal rate per mile, per vehicle.

KEY ASSUMPTIONS

• Client owns and can provide access to all necessary advertising and standard reporting platforms
• Client will share all pre-existing research on products/services, audiences and competitors
• Client is responsible for paying media costs directly to advertising platforms, unless otherwise agreed upon
• Client will provide product photography to be used for the advertising campaigns
• Client can provide product samples
• Client is able and responsible for providing clear direction for engaged services, in written form, with screenshots or short video recordings when visual explanations are necessary
• Client will have the ability to make two (2) total revisions of any copywriting and/or creative (static or video). Any additional revisions will be scoped as separate projects
• Client is able and willing to install our Google Tag Manager container for accurate setup and tracking
• Standard reporting includes the use of Google Analytics and native media platforms.
• Standard reporting is available to client via live reporting link with a monthly summary of performance delivered by email. Any premium analytics platforms or requested reporting views outside of the standard reports will be treated as additional scope of work, and Client will be responsible for securing the necessary licenses

• No new material, new direction or new reviewers will be incorporated into the project after the first review
• Any additional review cycles, introduction of new material, new reviewers after the first review, or a major change in direction from original scope may result in additional charges
• The client will provide a single point of contact for any decisions to finalize a project
• The client will provide any brand standard items including but not limited to:
  • Vector logo (.eps or .ai file preferred, .png is acceptable)
  • RGB or HEX color codes for company colors
  • Company fonts (.OTF or .TTF format)
  • Tagline or verbiage the organization would like included in the edits.

STANDARD WEBSITE DEVELOPMENT KEY ASSUMPTIONS

• Website will be redeveloped per design inspiration provided by the client – pending outlined commitment on architecture and design files, which will be provided to Agent
• Client is willing to dedicate the necessary time to plan layout, share preferences and provide guidance of expected outcomes before work can commence
• The estimated standard project scope does not include custom design. Please inquire for more information if interested.
• The estimated standard project scope does not include copywriting or editing. Please inquire for more information if interested.
• The estimated standard project scope does not include photography or image editing. Please inquire for more information if interested.
• The estimated standard project scope does not include videography, animation and editing. Please inquire for more information if interested.
• If Client would like to host website on own plan, Client will provide full access to website host
• Client owns domain and will provide full access to domain registrar
• Client will introduce Twelve Legs Marketing development team to any IT providers for the purposes of correctly enabling email sending via the website
• Standard website projects take 6-8 weeks to execute fully
• Any requested customizations will require a separate scope of work, and additional time and resources to plan, develop and launch
• Client can assign a dedicated team member to represent client expectation and participate in regular communication, testing and provide feedback as needed
• For any functionality and features, Client is responsible to:
  • Explain in detail, in words, and when necessary with visual explanations, including but not limited to screenshots, sketches and video recordings, what the expected end goal and behaviors of the requested functionality are
  • Test and confirm delivered solution is operating as intended and with no errors
  • Provide clear direction and feedback, in written form with screenshots or short video recordings when visual explanations are necessary, for any areas that are not functioning as intended or have errors
• Client understands that website development requires time and collaboration and agrees to provide detailed, documented feedback on likes and dislikes, and share examples to guide work
• Agent supports the current and latest versions of main website browsers (Chrome, Safari, Firefox and Edge) and PHP
• Agent develops for the three standard screen sizes:
  • 320px — 480px: Mobile devices
  • 481px — 768px: iPads, Tablets
  • 1025px — 1200px: Desktops, large screens

Any additional screen sizes must be communicated before project begins and will incur additional charges

ONE-TIME FEES

The Client is to pay Twelve Legs Marketing a non-refundable advance payment of 50% for any listed “one-time fees” for marketing services. The remaining 50% is to be paid in full to Twelve Legs Marketing by the Client upon successful delivery of the project to the Client.

RECURRING MONTHLY FEES

Any “recurring fees” are to be paid in full to Twelve Legs Marketing, by the Client, at the beginning of the respective servicing period. Twelve Legs Marketing’s performance of services shall begin on the date of receipt of full, valid payment. Full, valid payment will be determined according to the most recent invoice pertaining to the related services and relevant service period between Twelve Legs Marketing and Client. Any and all fees paid by the Client to Twelve Legs Marketing are considered to be a final payment and are nonrefundable. Fees as contemplated in this paragraph do not include one-time fees or reimbursable costs.

MEDIA BUYS AND MANAGEMENT

Unless otherwise stated in your contract and for media buys over $5,000, our standard media buying and management fee is 30% of media spend per channel. For more details, please contact your account manager.

OVERDUE INVOICES

Final Invoices remaining unpaid more than 15 days from the date of transmission to Client will be charged a re-billing fee or finance charges per agreement, whichever is greater.

Any past due invoices, over 60 days will put an account freeze, marking the Client as delinquent with Twelve Legs Marketing, and work will be discontinued.

Once an account is in delinquency, all outstanding and future invoices must be paid in full before work can continue.

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