OUR TERMS OF ENGAGEMENT

​

20 A-M COMMUNICATIONS is responsible for publicity-related and design services only. Client takes responsibility for choosing/selecting vendor(s) to order all products/services, as well as delivery of said products/services from vendor to Client, and payment directly to respective vendor(s) for their respective costs [e.g. printing, shipping, taxes, etc.].

 

Phase I:  If Client is not providing its own text for respective services/products, Our team will interview You and/or others, to help Us write the copy for each service/product ordered [as they are told to Us].

 

Such interviews can take place in-person, over the phone, or via computer/technology. Each interview can take anywhere between 30-to-60 minutes.

 

Phase II: After garnering all needed information from Client to produce respective ordered products/services [including, but not limited to, text, photos, logos, general contact information, slogans, color selection(s), specs based upon Client-selected materials and/or vendors], 20 A-M designers get to work and will design your respective products within one (1) week of the final interview. You will then receive a draft of the respective product to review. Once You approve the product(s), Our production team readies the final version for You, and, per Your preference, provides all materials electronically to You or Your selected/chosen print vendor.

 

Please note, that only the above shall constitute the Work of Share My Story per this Engagement Letter.  Should additional work or services be requested by Client, a separate engagement letter will need to be executed.

 

Fees: The total fee(s) for the Work for Phase I and Phase II is dependent/contingent on both 20 A-M base prices and potential additional work beyond agreed-upon-scope, per costs that will be detailed in each client's respective Letter of Engagement.

 

For 20 A-M design services, costs due to 20 A-M include:

* All promotional/design/production fees per said Letter of Agreement / Scope of Work. [NOTE: List of fees also included on our Fees page of this website.]

 ​ 

In addition to above listed 20 A-M fees/costs, Client is also financially/fiscally responsible for:

• All respective print fees/costs associated with each developed product

• All taxes associated with respective print fees

• All delivery charges/fees, per respective vendor(s) costs

• $30 Service/Production fee per product/service ordered​ 

 

Client is charged with, and agrees to, paying all additional costs pertained to printing the aforementioned products/services, including, but not limited to, print charges, taxes, shipping, delivery, handling [i.e. costs passed on from print vendor(s), postal service, additional production team(s), etc. Client also agrees to pay/reimburse/cover all costs incurred by 20 A-M COMMUNICATIONS for the sake of the product(s), such as/that can include the purchase of stock artwork/photography, fonts, etc. 20 A-M agrees to garner written approval [via email and/or text message] from Client before making any such purchases on behalf of Client.

 

A 50% deposit of all agreed-upon Design Services [not including service fees] will be required prior to beginning Phase II. Cash, check, auto deposit or credit cards (PayPal – client pays fees) are accepted. Once Phase II has begun, progress billing will be instituted until the project is complete. Balance due at signing of final proof. Final artwork files will not be released to the client or third party vendor until final payment is received. A finance charge of one and a half percent (1.5%) per month will be added to any outstanding balances beyond 10 days of the original invoice date until full balance plus interest has been paid in full. Sales tax and delivery charges are not included in these amounts and will be billed additionally.

 

You may receive a refund of your initial payment of up to and until Our team begins designing Your displays/brochures. We are unable to refund Your initial payment once Your assigned designer begins designing Your displays/brochures.

 

Schedules/Overtime/Rush Work: 20 A-M COMMUNICATIONS reserves the right to adjust the schedule and/or charge in the event that the Client fails to meet the agreed-upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the estimate/proposal.

 

Client’s Obligations: The Client shall appoint a sole Representative with full authority to provide or obtain any necessary information and approvals that may be required by 20 A-M COMMUNICATIONS. The Client’s Representative shall be responsible for coordination of briefing, review, and the decision-making process with respect to persons and parties other than 20 A-M COMMUNICATIONS and its subcontractors.

 

If, after the Client’s Representative has approved a design, the Client or any other authorized person requires changes, the Client shall pay a $30 per hour fee.

 

The Client agrees to work diligently and cooperatively in meeting agreed-upon deadlines, providing the materials and resources required for completion. It is further agreed that, if applicable, all paid media is to be billed in advance to the client.

 

This professional services agreement becomes effective upon signing and expires upon the successful delivery of the deliverables and completion of all work specified.

 

Materials to be Provided by the Client: The Client shall provide accurate and complete information and materials to 20 A-M COMMUNICATIONS and shall be responsible for the accuracy and completeness of all information and materials so provided. The Client guarantees that all materials supplied to 20 A-M COMMUNICATIONS are owned by the Client or that the Client has all necessary rights in such materials to permit 20 A-M COMMUNICATIONS to use them for the project.

 

The Client shall indemnify, defend, and hold 20 A-M COMMUNICATIONS harmless from and against any claim, suit, damages and expense, including attorney’s fees, arising from or out of any claim by any party that its rights have been or are being violated or infringed upon with respect to any materials provided by the Client.

 

All copy provided by the Client shall be in a form suitable for typesetting. Where photographs, illustrations, or other visual materials are provided by the Client, they shall be of professional quality and in a form suitable for reproduction without further preparation or alteration. The Client shall pay all fees and expenses arising from its provision of materials that do not meet such standards. 20 A-M COMMUNICATIONS shall return all materials provided by the Client within 30 days after completion of the project and payment of amounts due.

 

Materials Liability: 20 A-M COMMUNICATIONS shall take reasonable precautions to safeguard original and other materials provided by the Client. 20 A-M COMMUNICATIONS shall, however, not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of 20 A-M COMMUNICATIONS.

 

Approval of Final Artwork: The Client shall proofread and approve in writing all final text and layouts before the production of final product. The signature, or notification via email, of the Client’s Representative shall be conclusive as to the approval of all artwork and other items prior to their release for printing, fabrication, or installation.

 

Client specifically grants to 20 A-M COMMUNICATIONS the right to act on the Client’s behalf to give instructions on behalf of the Client to any person or entity involved in the work, such as photographers, illustrator, writers, printers and fabricators. Any such instructions or approvals by the Client may only be made through 20 A-M COMMUNICATIONS. The Client shall be bound by all such instructions given by 20 A-M COMMUNICATIONS within the scope of this Agreement.

 

Confidentiality: 20 A-M COMMUNICATIONS acknowledges and respects all aspects of confidentiality required. In addition, all documents produced, all discussions with, and/or any knowledge of strategic marketing or performance information obtained during this engagement are intended only for the use of 20 A-M COMMUNICATIONS in fulfillment of the work specified and is to be kept confidential by 20 A-M COMMUNICATIONS, its principals and employees.  20 A-M COMMUNICATIONS shall be entitled to retain copies of all materials provided by Client, all work product of 20 A-M COMMUNICATIONS for the Project and copies of the final product, if any, for its files and records.

                                            

The obligation to maintain strict confidentiality extends to marketing, advertising, and promotional strategies; new or potential client relationships; and any and all new product strategies or other trade secrets until such time as the client makes them public.  20 A-M COMMUNICATIONS may publicly disclose the client relationship and general nature of the relationship in its new business and publicity efforts while maintaining and protecting the Client’s right to confidentiality as described.

 

Intellectual Property: It is agreed that all creative materials submitted to or produced for Client including photography becomes the property of Client and 20 A-M COMMUNICATIONS and its subcontractors forfeits all copyright claims of such materials upon receipt of its final payment for those materials. Notwithstanding the foregoing, Share My Story retains any and all rights and licenses to the work product and/or methods used to derive the final product.

 

Notices: All notices required pursuant to this Agreement shall be in writing mailed by registered or certified mail, postage fully pre-paid with return receipt requested, or by nationally recognized overnight courier to the addresses set forth below; or to such addresses as may be subsequently designated in writing by any party.

 

Termination:  Either party may terminate this agreement with 5 days written notice without cause and, in so doing, agrees to exchange payment for the outstanding professional hours, services and all files of work in progress concurrent with the termination of the relationship. 20 A-M COMMUNICATIONS reserves the right to refuse service.

 

If this Agreement becomes null and void because of breach by Client, Client shall not publicize, disseminate, insinuate, or otherwise communicate that 20 A-M COMMUNICATIONS is in any way responsible for the content of the Work if incomplete, the cancellation or postponement of the work or for any other action Client might take as a result of this agreement becoming null and void. 20 A-M COMMUNICATIONS shall be able to recover both general and specific damages for, and shall be entitled to injunctive relief from any breach by Client of the provision of the foregoing sentence.

 

Force Majeure.  Notwithstanding any other provision of this Agreement, in the event that the performance of any obligations under this agreement is made impossible or unreasonably difficult due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, terrorist attacks, transportation difficulties, lockouts, or any other cause beyond the reasonable control of a party (collectively, a “Force Majeure Event”), such party shall not be responsible to the other parties to this agreement for the delay in the performance of its obligations under this Agreement until as soon as practicable after the Force Majeure Event ceases to exist. 

 

Severability.  If any provision of this Agreement, or portion thereof, including, but not limited to, any section, sentence, clause, phrase, or word, or the application thereof in any circumstance is held invalid, the validity of the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

 

Choice of Law/Venue. In any action or proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted.  Any action regarding this Agreement shall be brought in the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, and the undersigned consents to the jurisdiction of such courts and waives and agrees that it shall not assert that such forum is inconvenient.

 

This Agreement is the entire agreement between Client and 20 A-M COMMUNICATIONS.  This professional services agreement becomes effective upon signing and dating and the applicable deposit is received by 20 A-M COMMUNICATIONS.  This Agreement shall expire upon the successful delivery of the deliverables and completion of all work specified.

 

We sincerely look forward to what We hope will develop into a long and rewarding professional relationship with You.