Terms of service.
By subscribing to this service, you agree to the terms and conditions listed below.
1. This will constitute an agreement between Subscriber and WATERMARK, INC. for (graphic design, copywriting, writing, advertising, photography, videography, editing, and any other service for which the above-referenced package selected entails) services for a 12-month period (“Initial Term”). During the Initial Term, the Agreement may be terminated upon 60 days of written notice without cause or penalty, by either party. At the end of the Initial Term, this agreement will automatically renew on an annual basis (“Renewal Term”). After the Initial Term, this agreement may be terminated upon 60 days of written notice in writing by Subscriber or WATERMARK, INC. In case of termination, WATERMARK, INC. shall make a reasonable attempt to finish work in progress for which fees have already been received, unless the Subscriber instructs otherwise or hinders WATERMARK, INC.’s ability to finish such work.
2. During both the Initial Term and Renewal Term, WATERMARK, INC. agrees to devote an appropriate number of hours per month on assignments to be determined by the Package selected and itemized above. Work priority and scheduling will be at the discretion of (client). Work will normally occur between the hours of 8:00 am - 4:00 pm, Monday - Friday (excluding holidays).
3. Payment for these services will be paid to WATERMARK, INC. at the rate selected per account each month.
4. WATERMARK, INC. will provide the Subscriber with an invoice on the first day of each month. The Subscriber hereby agrees to pay such invoice no later than the 30th day of the month the invoice was received (or the 28th day for the month of February) that this agreement is in force. Payments will be automatically billed each month.
5. Payments later than 30 days are subject to a 10% penalty every 30 days past due
● mailing a check to Watermark, Inc. P.O. BOX 156 AVON, CT 06001
● by credit card via the monthly invoice; or
● card on file to be charged on the 1st day of each month
6. Additional services to the package per month will be made available by WATERMARK, INC. and will be billed as separate line items on the invoice.
7. Any expenses exclusive of normal overhead are not included in this agreement and will be invoiced as separate line items on the monthly invoice. Examples of such expenses include, but are not limited to additional photoshoots, print collateral, and charges paid for digital advertising (i.e. Facebook ads.)
8. All materials furnished by Watermark will remain the property of Subscriber and will be returned upon request, or the later of ten (10) days from the termination of this agreement or final payment has been received by WATERMARK, INC.
9. This Agreement constitutes the entire agreement between the Subscriber and WATERMARK, INC. with respect to the subject matter contained in this agreement and supersedes all prior agreements, understandings and negotiations between the Subscriber and WATERMARK, INC.
10. Neither Subscriber nor WATERMARK, INC. will be liable to the other or any user or any third party for any loss of profits or revenues or cost of replacement services (whether direct or indirect) nor any indirect, incidental, consequential, punitive, or special damages of any kind arising from work conducted under this agreement. WATERMARK, INC.’s liability under this agreement for any reason and upon any cause of action is limited to the amount actually paid to WATERMARK, INC. under this agreement. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, or other torts.
11. Subscriber warrants that it is the sole owner of the trademarks and service marks and content provided or identified for use in connection with this agreement or has a valid right to use those marks and content. Subscriber agrees to indemnify, defend, and hold harmless WATERMARK, INC. from and against any and all third party claims, damages, losses, liability, causes of action, judgments, costs, or expenses (including, without limitation, reasonable attorney’s fees) asserted against or suffered by WATERMARK, INC. arising out of any claim of a breach of the intellectual property or confidentiality rights of another.