SUMMARY

We will always do our best to fulfill your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong. In this contract you will not find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing an agreement you might later regret. We do want what’s best for both parties, now and in the future.

NOTE:  These first sections will contain language applicable to all Ken Collins Marketing products and services.  Below that, please find the section applicable to the product(s) and/or service(s) you wish to purchase from us.

WHAT DO BOTH PARTIES AGREE TO DO?

As our customer, you have the power, and ability, to enter into this contract on behalf of your company or organization.

You agree to provide us with everything that we need to complete the project including text, images, administrative access, login information, and other information as needed, when needed, and in the format we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner. Deadlines work two ways, so we both will be bound by any dates we set together. You also agree to stick to the payment schedule set out in the product/service package you purchase.

We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in a timely manner. In addition, we will also maintain the confidentiality of any information you provide us.

LEGAL STUFF

We are not able to guarantee the functions contained in any of our products to always be completely error-free, and therefore you agree we will not be held liable to you, or any third party, for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to use or operate our completed products or services, even if you have advised us of the possibilities of such damages.

If any provision of this agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHTS

You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork and/or materials you provide us for inclusion in your product or service are either owned by you, or you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements we create for you for this project (if applicable). We will give you a copy of all files and you should store them securely and safely as we are not required to keep them or provide any native source files we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them.

PAYMENTS

We are a digital company just like any other digital company you do business with.  Some organizations prefer to make payments by check.  While that is a possibility, (just like your domain registrar and social media advertising platforms require you to pay with a credit card) our preferred method of payment is automated credit card payments.  Because we do not have a dedicated billing department, we must do extra work to get you an invoice, wait for your payment, and process that payment.  For these reasons, we DO NOT invoice monthly.  If you want a monthly payment option, your ONLY option is to sign up for automated credit card payments.  If you want an annual payment option, we prefer automated credit card payments, but will agree to invoice/check payments on a case-by-case basis for the additional MANUAL PROCESSING FEE of $100 per invoice.

We are sure you understand how important it is as a small business for you to pay the invoices we send you in a prompt and timely manner. We are also sure you will want to stay friends, and you therefore agree to stick tight to the payment schedule described within the product or service you wish to purchase.

LATE FEES

Automated credit card glitches:  Occasionally, something happens with your automated credit card payments – perhaps you have a new card since your last payment was charged.  If you take care of updating your payment information promptly at:  https://kencollinsmarketing.com/my-account/ you will not be charged a late fee.  If enough time passes before your payment information is updated that our automated system misses your scheduled payment, requiring us to invoice you for that payment(s), you will be charged a $30 late fee per missed payment.

Invoice payments:  If you are receiving an invoice for your check payments, all payments are due on or before the 1st of the month in which you receive the service.  (Example – if you receive a service during March, your payment for that service is due by March 1st.)  We will do our best to invoice you by email 1-2 weeks prior to your due date.  Regardless of the date you receive your invoice, your payment is due by the 1st of the month.  Any payment received on or after the 15th of the month is considered late, and you will be charged a $25 late fee.

CANCELLATIONS

For all retainer services, we require at least a 30-day notification of cancellation.  Monthly retainers will be cancelled in 30 days.  Retainers longer than monthly will be cancelled at the end of the retainer if we receive notification at least 30 days prior to the end of the retainer period.

If you are 30 days late on a service (except website hosting & support), we will stop providing the service.  If you are 30 days late on your website hosting & support payment, we will suspend your website until you are paid in full.  A suspended website is no longer accessible to the public, but we still have it in our system.  Once you are paid in full and back on track with your website hosting & support payments, we will bring your website back online so that it is fully accessible to the public.  If your website has been suspended for 90 days, you run the risk of it being scrubbed (deleted) from our system.

REFUNDS

We do not offer refunds for any product or service.  Any fees paid to Ken Collins Marketing are non-refundable.  You may cancel a retainer service prior to the end of the retainer, but no pro-rated refund will be offered.

If we have incorrectly charged you for a product or service you did not request, and we are notified prior to providing those products or services, we will promptly refund your money in full.

MEETINGS

To keep your cost low we do not include any in-person meetings with our design, marketing, or development teams. Ken will be happy to meet with you on request for a reasonable number of meetings and for a reasonable amount of time. Any time, deemed by Ken, to exceed that will be billed at his $150 per hour fee.  You will be notified in advance if Ken deems any meeting to require billing.

SMALL PRINT

But where is all the horrible small print?  Although the language is simple, the intentions of this document are serious. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it shall remain in place.

KEEP US INFORMED

Keep us informed about how things are going on your end, and we’ll do the same.  Let’s make this a fun, exciting, professional, and profitable relationship that lasts!

WEBSITE DESIGN

IN SHORT

You are hiring Ken Collins Marketing, to design and develop a website for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

THIS INCLUDES THE FOLLOWING

• Pre-made website theme (NOT a template – anything and everything can change in any way)
• Customization of colors to match your logo or brand
• Addition of provided logo
• Other website customization within the allowed parameters of the platform(s)
  • If third-party software is required to achieve the functionality you require, we will advise you on your options and any additional cost this may incur prior to implementation.
• Social media icons and connections
• Integration of Videos and Image portfolios
• WooCommerce integration if requested
• Donations integration if requested
• Website Hosting – No limit on Disc Space or Bandwidth
• Hosting and Website Technical Support
• Website Changes and Revisions Support

DESIGN

We will begin with a theme or layout pack we choose based on our understanding of your needs. We will provide the above-mentioned customizations on the design but will not edit the wireframe structure of the theme chosen.

WORDPRESS/CSS/HTML LAYOUT PROGRAMMING

We will develop your website using CSS/HTML in the WordPress open source software for your website’s styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, and Mozilla.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, and 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the hourly rate of $150 per hour for any necessary additional code and its testing.

TEXT CONTENT & PHOTOGRAPHS

Web Copy and photographs are not included and are required by you to provide in a timely fashion.  We can do SOME creation of images and SOME writing of text content.  This will be at Ken’s discretion, but count on providing us with as much of your own images and written content as possible.

You will supply photographs in the highest-resolution digital format available to you. If you choose to buy stock photographs we can suggest vendors of stock photography. If we spend time searching for appropriate photographs, you will be charged at the hourly rate of $150 per hour.

VIDEO & IMAGE PORTFOLIOS

Videos and Images are not included but we are happy to add, and recommend you add, them to your website. Videos will need to be uploaded by you to a video host service (such as YouTube) for us to use. Images will need to be sent to us. If there are large quantities of images we request you send them in a zip file or arrange for access to cloud storage.

WEBSITE CHANGES & REVISIONS

We know from experience that charge-by-the-hour contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work – and more importantly, your budget. We do not want to limit either your options or your opportunities to change your mind.

You will be charged a monthly or yearly flat rate fee. Along the way, we will ask you to put requests in writing (via email) in order that we will be able to keep track of changes.

OUR MONTHLY / YEARLY WEBSITE CHANGES & SUPPORT INCLUDES THE FOLLOWING

• Revisions, Additions, or Deletions of text content or images on existing pages and or post (you provide text and images)
• Revisions of colors changes
• Revisions of removing or adding new logos
• Changing site domain or pointing other domains at the website
• Assistance in adding blog posts you have written
• Assistance in technical issues within the WordPress platform
• Assistance in WordPress and theme updates
• Support is provided within a 7 working-day window. For quicker support issues please contact us by email, state your need, and we will do what we can to accommodate within reason.
• This does not include all revisions to the website layout and design. We hold the right to determine what revisions will hold an extra charge on top of the monthly fee agreed upon. We will alert you to any such need for extra charges so that you may make the final decision to proceed.

WEBSITE HOSTING & TECHNICAL SUPPORT

You may already have professional website hosting; you might even manage hosting in-house; if that is the case we are unable to manage and support your hosting. If you do not manage your own website hosting, we can set up an account for you with our preferred hosting. This will be included in the monthly hosting and support cost mentioned above.

LOGO DESIGN

IN SHORT

You are hiring Ken Collins Marketing, to design and develop a logo for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

THIS INCLUDES THE FOLLOWING

• Print-ready formats
• 6 different concepts
• Free revisions (allow 3-5 business days per revision request)
• Initial concepts delivered in approximately 10 business days

DESIGN

We will use the information you provide to us. We will provide 6 initial logo concepts for your review.

LOGO CHANGES & REVISIONS

We know from experience that charge-by-the-hour contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work – and more importantly, your budget. We do not want to limit either your options or your opportunities to change your mind.

You will be charged the initial flat rate outlined in the package you choose up front. After that, there are no more charges. Revisions can be requested on one or all of the concepts with each round of revisions. Along the way, we will ask you to put requests in writing in order that we will be able to keep track of changes.

If you are not happy with your new custom logo design, we will create a new one for you at no additional charge.

REVIEW MANAGEMENT

IN SHORT

You are hiring Ken Collins Marketing, to provide a review management service for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

DETAILS

We would appreciate you sticking with us for at least an initial three months to allow the system time to start bringing you results – we’re good, but the ball is going to land in your customer’s court, so give them time to start making a difference.

Provide us with the information we require in a timely manner.  This information will include general business contact information, website addresses, review sites needed, social media links, your logo, etc. that we need in the process of setting up your review funnel system.

We will do all we can to get your customers writing great reviews for you if you do all you can to ensure they have something good to write about.

SEARCH ENGINE OPTIMIZATION (SEO)

IN SHORT

You are hiring Ken Collins Marketing, to provide local or national search engine optimization services for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

DETAILS

We would appreciate you sticking with us for at least an initial six months to allow the system time to start bringing you results – we’re good, but Google has far more power than we do, so give them time to realize what we’re doing for you.

Provide us with the information we require in a timely manner.  This information will be extensive, but necessary for us to do all that we need to do to improve your rankings.

We will do all we can to improve your rankings for you if you do all you can to take advantage of the extra website traffic.

CONTENT MARKETING

IN SHORT

You are hiring Ken Collins Marketing, to develop, write, and post SEO-optimized blog articles on your website for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

DETAILS

We would appreciate you sticking with us for at least an initial six months to allow the system time to start bringing you results – we’re good, but Google has far more power than we do, so give them time to realize what we’re doing for you.

Provide us with the information we require in a timely manner.  This information is necessary for us to concentrate on areas most applicable to your business and your customers.

REMOTE VIDEO PRODUCTION

IN SHORT

You are hiring Ken Collins Marketing, to produce and edit professional videos for you for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

DETAILS

We will send you (or your subject) a kit to use (and keep) to shoot your videos under our remote guidance – all you need is your phone.

We will schedule a time to work with you on your videos.  We will personally connect with you remotely via an app on your phone and walk you (or your subject – like the person providing you with a video testimonial) through the entire process of framing, lighting, and shooting the video.  That video content will be uploaded to us where we will edit it and provide you with the finished product.

SOCIAL MEDIA MANAGEMENT

IN SHORT

You are hiring Ken Collins Marketing, to create and post social media content to your social media channel for the total price outlined in the package you choose. Of course it’s a little more complicated, but we’ll get to that.

DETAILS

This service is limited to Facebook, LinkedIn, and Twitter.  Other platforms may be possible at Ken’s discretion.

We will create a content schedule and begin filling that schedule with posts appropriate to your business, customers, and industry.  While it’s best if you have the ability to respond to comments on those posts, we will comment where we feel it’s appropriate.

If you require certain posts to be “boosted” with ad money in order to gain more exposure, we will create an ad account for you containing your credit card information.  Those expenses will be paid directly to the social media platform and are not included in the retainer you pay to us.  Due to the extra expense, your prior approval is required before we will boost any post.