This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged Kopac Entreprises LLC- DBA The Digital Market.co (the “Agency”) to perform certain Services as outlined herein. This is a legally binding agreement between you and Kopac Entreprises LLC- DBA The Digital Market.co.
By becoming a Kopac Entreprises LLC- DBA The Digital Market.co, you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you submit your order for Services to Kopac Entreprises LLC- DBA The Digital Market.co.
SERVICES
1.1 The Digital Market.co will provide the Services to Client as outlined on the The Digital Market.co website (www.TheDigitalMarket.co/start).
1.2 The Client hereby appoints the Agency to handle advertising, communication and related work on social media for its brand, required according to their order for services.
OBLIGATIONS, COMMENCEMENT, DURATION AND TERMINATION
2.1 The Digital Market.co reserves the right to reject Clients for any other reason, in The Digital Market.co’s sole discretion. The Digital Market.co will be responsible for all aspects of providing the Services.
2.2 This Agreement automatically extends on a perpetual basis, as a month-to month contract (including the same terms, unless so modified via written notice).
2.3 The agency is not responsible for delays caused by client failing to deliver, send or give access to programs, passwords and branding files.
2.4 Posting to Multiple Platforms – Many of our packages include posting to multiple platforms through a platform technology. In social media marketing practices, it is common for accounts to get disconnected for multiple reasons out of our control. Our pricing model is based on posts going out on a minimum of one channel, whereas all additional platforms are considered free additions (For example, if a client wants Facebook alone, it does not reduce our $97 package pricing because the client it not utilizing LinkedIn or Twitter). We request our clients check their social media accounts once a week not just to review content and provide feedback, but to also alert of us any possible disconnects so we can promptly reconnect. For this reason, if The Digital Market.co is posting to at least 1 social media channel we are fulfilling our contractual obligation as laid out in our terms and conditions. There will be no refunds in the event of additional channels receiving no posts for any period of time.
2.4 Should the Client choose to terminate this Agreement without cause prior to the end of agreement, the Client must present the Agency with a written Notice of Termination. Cancellation with a 14 day notice is mandatory to avoid an unnecessary charge.
2.5 Should the Agency choose to terminate this Agreement without cause prior to the end of the agreement, the Agency must present the Client with a Notice of Termination and refund all proceeds paid to the Agency for services not rendered.
2.6 There are no refunds, once services have begun, this is marked by the onboarding email.
2.7 Late payment may result in a late fee of $10 per day.
WARRANTIES AND REPRESENTATIONS
3.1 Agency warrants that the Work is free from defective workmanship and is, to the best of the Agency’s knowledge, original and does not infringe upon the intellectual property of others. If some portion of the work turns out to be defective, it must be brought to the attention of the Agency within 30 days and Agency will repair or replace it.
3.2 The work created for the client is owned by the agency until published. The client agrees not to replicate or sell the agency’s work.
INDEMNITY
Client will indemnify and hold harmless The Agency and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable attorneys` fees) arising out of or relating to any breach by Clients of any of the terms of this Agreement.
DISPUTE RESOLUTION
All disputes related to this Contract shall be resolved exclusively in a court located in Dodge County, Wisconsin and shall be governed by Wisconsin law. Each party irrevocably waves its right to a jury in any such dispute. The non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees and any other costs related to resolving the dispute. The prevailing party shall be entitled to recover all costs, expenses, and reasonable attorney’s fees in any action brought to enforce the terms of this Contract.
NON- SOLICITATION
Both the Client and the Agency hereby covenant that during the term of this agreement and for a period of one year following its termination or expiration, it shall not, without the previous written consent of other party, employ or contract the services of any person who was employed by the Agency at any time during a period of 12 months preceding the date on which the offer for employment is made.
CONTACT US
Kopac Entreprises LLC welcomes your questions or comments regarding the Terms and Conditions:
Email Address: support@thedigitalmarket.co
Effective as of May 2019, Updated May 2020
