Introduction
These Terms and Conditions (“Agreement”) govern the services provided by The Jenesis Collective (“Company”) to its clients (“Client” or “you”). By engaging with the Company, you agree to comply with these terms, which establish the mutual rights, obligations, and expectations of both parties.
Purpose
This Agreement is specifically designed to support your business’s growth phase by providing essential components to establish a robust marketing foundation and a compelling brand presence.
Scope of Services
- The Company provides customized marketing services tailored to your business needs, which may include branding, digital marketing, website development, content creation, and other related services as outlined in the proposal or agreement.
- Any additional services outside the agreed scope will require separate agreements and additional fees.
Duration and Termination
- Term: This Agreement operates on a month-to-month basis and renews automatically to ensure uninterrupted marketing support.
- Termination: Either party may terminate this Agreement with 30 days’ prior written notice.
- Post-Termination Obligations: Upon termination, the Company will cease all services and provide you with access to deliverables created during the engagement. Any outstanding payments must be settled before transfer of deliverables.
Payment Terms
- Invoices: Invoices will be issued on the 15th of each month and must be paid in full within 30 calendar days from the invoice date.
- Late Payments: Payments not received by the due date will incur a 1.5% monthly interest charge.
- Payment Methods: The Company accepts payments via ACH, wire transfer, and credit card. Invoices will be sent electronically to your designated billing contact.
- Non-Payment Consequences: The Company reserves the right to pause or terminate services if payments are overdue by more than 30 days.
Ownership of Deliverables
- Client Ownership: Upon full payment for services rendered, you will own all deliverables commissioned under this Agreement, including but not limited to marketing materials, website designs, written content, and other business assets.
- Company Retained Rights: Ownership does not include tools, templates, frameworks, methodologies, or proprietary processes used to create the deliverables.
- Embedded Intellectual Property: Deliverables incorporating the Company’s pre-existing intellectual property will be licensed to you as outlined in the “Intellectual Property” section.
Intellectual Property Ownership and Licensing
- Pre-Existing Intellectual Property (IP):
- The Company retains sole ownership of all strategies, frameworks, templates, tools, workflows, and other materials developed prior to or independent of this Agreement (“Pre-Existing IP”).
- A non-exclusive, non-transferable, royalty-free license will be granted to use the Pre-Existing IP within deliverables for the agreed purpose.
- Custom Deliverables: Ownership of deliverables specifically created for your business will transfer upon full payment.
- Excluded Materials: Tools or templates embedded in deliverables remain the Company’s exclusive property and may only be used for their intended purpose.
- License Restrictions: Deliverables or Pre-Existing IP may not be resold, redistributed, or transferred to third parties without prior written consent.
Confidentiality
- Confidential Information: Both parties agree to maintain the confidentiality of proprietary information, including but not limited to business plans, marketing strategies, and deliverables.
- Non-Disclosure: Proprietary information may not be disclosed to any third party without prior written consent, except as required to perform the Agreement.
- Survival: Confidentiality obligations survive the termination of this Agreement.
Limitations of Liability
- The Company is not liable for any indirect, incidental, or consequential damages arising from the use of services or deliverables.
- The Company’s total liability under this Agreement will not exceed the total fees paid by the Client for services rendered.
Prohibited Businesses
The Jenesis Collective does not provide services to businesses engaged in activities that violate laws, promote harm, or fall into prohibited categories. Examples of such businesses include, but are not limited to:
- Illegal Activities: Businesses engaged in illegal activities, including the sale or distribution of counterfeit goods, illegal drugs, or unlicensed gambling.
- Harmful or Hateful Content: Businesses promoting violence, hate speech, discrimination, or activities harmful to individuals or communities.
- Adult Content and Services: Businesses involved in pornography, escort services, or sexually explicit content.
- High-Risk Financial Services: Businesses engaged in pyramid schemes, payday loans, or unregulated financial services.
- Weapons and Hazardous Materials: Businesses selling firearms, explosives, or hazardous materials without proper authorization.
- Fraudulent or Misleading Practices: Businesses operating scams, misleading advertisements, or deceptive practices.
The Company reserves the right to decline services if a business violates these restrictions.
Dispute Resolution
- Governing Law: This Agreement is governed by the laws of the state in which The Jenesis Collective is headquartered.
- Arbitration: Any disputes arising from this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Acceptance
By engaging The Jenesis Collective, you confirm that you have read, understood, and agree to these Terms and Conditions. Continued use of the Company’s services constitutes acceptance of this Agreement.
