Agreement

Terms and Conditions Agreement

1.         Billing and General Terms

1.1      Payment

All payments are due upon receipt. Late payments will be charged a 10.5% compounded monthly late fee. Should a payment be late, Kow Abundant reserves the right to freeze all work until accounts are settled. Payments will be made via bank transfer or credit card. Monthly payments will be billed on or near the same date as the initial order of each month. New accounts are required to pay a one-time setup cost (see Subscription). This cost will be removed from your invoice after the first month.

1.2      Point of Contact & Training

Kow Abundant will require one point of contact during the Agreement for clarifying requirements for advertising and maintenance work. Kow Abundant requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions) and to have authority to make advertising and related decisions for the business.

1.3      Response Time

Kow Abundant will make every effort to reply to inquiries within 24 hours except where The Client has been previously notified of a period of limited availability. Kow Abundant will respond in good faith but cannot guarantee any specific action within a given time frame.

1.4      Dependencies

In the event that any aspect of this agreement is dependent on a separate third party or the Client’s in-house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Kow Abundant is not responsible for any delay or defect caused by a separate third party or the Clients in-house teams.

1.5      Backups

Kow Abundant maintains internal backups of active project keywords and ad files and also relies on online backup services. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this agreement. While the Kow Abundant backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.

1.6      Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) The Client shall also be responsible for the continued operation and maintenance of the ad accounts or campaigns once an agreement is complete and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors, and manufacturers.

The Client agrees that any liability of Kow Abundant relating to this agreement and the services performed shall be limited to a number of fees actually received by Kow Abundant, from the Client under this agreement regarding the services in question. In no event shall Kow Abundant be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

1.7      Warranty

Kow Abundant does not provide a warranty for Ad Services, SEO, or Social Media services but will correct and modify ads, SEO, and Social Media as needed to optimize performance.

1.8      Credit

Kow Abundant retains the right to use the Client within its roster of clients. A link to the client website/application website may be placed on the Kow Abundant website as part of its business portfolio.

1.9      Cancellation

A client may cancel the Ad Services at any time.  There will be no fee for this cancellation, however, no refund will be issued for month-to-month service agreements. As this service is no contract and month to month, a client will not owe any additional service fee after pausing or canceling. Please cancel your service from “My Account” page and “Subscriptions”. You may also email [email protected] or text/call 614-230-2308 to inform us of the cancellation.

1.10      Subscription

Subscriptions are priced for one website domain (SEO services) or Google account (Google Ads services) at a time. Social media management subscriptions are limited to one Facebook and one Twitter account per purchased subscription package. Additional accounts or businesses will require an additional subscription to be purchased. Price includes management cost only and does not include Google advertising cost. This cost is separate and will be made by the customer on their own Google account directly via bank transfer or credit card. Kow Abundant is not responsible for payments to those services and it is the customer’s responsibility to remain current with accounts to keep ads running. You will continue to be billed unless notified, a service management monthly cost by Kow Abundant. This will occur even if you do not have an active Google credit available unless you notify us to pause your campaigns. So it is in your best interest to keep your advertising accounts current.

Client initial setup cost covers all new accounts to be added to all system-wide tools, SEO tools, Google Ads partner accounts, Google search console, SEMrush tools and so on. Existing clients that have paused their subscriptions and wish to resume do not have to pay this initial setup cost so long as they resume service within 3 months of pausing unless otherwise agreed. Contact Kow Abundant if you need additional time 614-230-2308 or email [email protected]

1.11      Billing Invoice Date Adjustments

Your invoice due date has the right to be adjusted once per calendar year. This adjustment shall not exceed 10 consecutive calendar days and prior invoice payments are still due and must be paid before invoice date adjustments made.

1.12      A Note on Affiliation With Google

Although we provide exceptional service to various advertising accounts we are not officially affiliated with Google, Facebook, or Twitter. This agreement is separate from Google, Facebook, Twitter agreements. As such, you must agree to those companies service agreements to have a valid account and advertise. Their agreements are separate from this agreement.

2.         Video Services & Production Work

2.1      Script Changes Prior to Shoot

All script changes must be made 3 days prior to shoot or before. Due to bookings and prep for the shoot, changes to script cannot be made any closer to the date of the shoot. Scripts are printed out prior to the shoot and a shot list is created as well as other prep work to make the most of the time.

2.2      Talent Release

Any talent will be supplied by the client and it is the client’s responsibility to obtain release forms. All legal responsibility falls on behalf of the client with regard to talent as the client owns the rights to the video. General release forms can be supplied by Kow Abundant but are only a recommendation as we cannot give legal advice.

2.3      Overtime Billing

If shooting takes longer than the allotted time, it is the responsibility of the client to pay overtime billing to pay for the photographer and time spent shooting. If overtime occurs, the client will be notified during the shoot if they wish to continue. Reshoots cost extra as there is a $250 minimum for the photographer for location shooting.

2.3      Video Rights

The client owns the rights to their video. Upon approval, the video will be uploaded to their youtube page where they are free to share it as they wish. Broadcast rights may not be allowed if narration or audio tracks were used as they are usually only for online distribution. All audio and video used is creative commons or public license for use online in Youtube or social media channels.