Zees Marketing Terms of Service
These Terms of Service sets forth the terms of an arrangement between Marca Global, LLC (“Marca” or “Agency”) and the Liberty Tax Franchisees (“Client”) whereby Marca will provide certain digital marketing Services on a subcontract basis to Client as defined below in exchange for the consideration set forth herein.
WHEREAS, Marca is an independent contractor hired to provide outsourced digital marketing and lead generation services to the Liberty Tax Franchisees.
WHEREAS, Client seeks to utilize Marca services to provide digital marketing and lead generation for their business.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the terms and conditions as follows;
Client agrees and understands that by submitting a digital marketing order to Marca via https://libertytax.synergy.net/ they agree to these Terms of Service.
Services: Marca provides digital marketing services, including, search engine marketing, social media marketing, geofencing, display and video. As such, Marca submits information on Client’s behalf to sites and providers for whom Client must agree to their terms and conditions. These providers may include but are not limited to Facebook, Google and other sites. The terms and conditions of these providers all apply.
- Digital Marketing & Lead Generation Cost & Payments: Client agrees to submit all orders for Agency’s digital marketing services through https://libertytax.synergy.net/. Pricing is based on packages approved by Liberty Tax Corporate. In the event additional services are required or there is a major change in the scope of work, then Marca reserves the right to adjust pricing.
- Term of Agreement: Client agrees the term of this agreement will be for the 2020 Tax Season, ending April 15, 2020.
- Content: Client agrees and understand that Liberty Tax Corporate has provided all approved content for the Zees Marketing Campaigns (text, articles, photos, graphics, videos, etc.) for the support of Marca’s efforts.
- Managing Resources: Client agrees that Marca will be fully in charge of establishing digital strategy, managing day to day work/task, reporting, managing all of the digital marketing resources (employees, contractors, etc.). Client understands and acknowledges that changes to their digital marketing campaign (“Campaign”) cannot be made after the Campaign has been launched. Client also agrees and understands that no refunds will be made.
- Additional Services: In the event the Client would like to use Marca for services outside of the scope of services additional charges may apply.
- Performance Liability: WHEREAS, the parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, Marca can make no guarantee on the results that may be provided as a result of the Services. Marca represents that in good faith it shall make every effort to ensure that the Client’s digital marketing is successful, and leads are generated as a result of our work. Marca does not warrant that the functions supplied by its work, digital marketing, consultation, advice, or work will meet the Client’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free. The entire risk as to the quality and performance of the work and deliverables is with Client. In no event, will Marca be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services, even if Marca has been advised of the possibility of such damages.
- Duties of the Parties: The Client and Marca agree that neither party will, during the Term of Services or after the termination or expiration of Services, make disparaging statements, in any form, about the other party. The Client agrees 1. to address concerns about Services directly with Marca, the provider of the Services, and 2. to refrain from making disparaging statements, in any form, about Marca or the Services. For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about the Services or Marca. This will include all written or electronic communication, whether email, text message, use of Yelp, LinkedIn, or other social platforms, etc.
- Limitation of Liability: IN NO EVENT SHALL AGENCY BE LIABLE TO CLIENT FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR LOSSES AS A RESULT OF DISCLOSURE OF USER CONTENT OR OTHER DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH AGENCY’S PRODUCTS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AGENCY EXCEED ANY COMPENSATION PAID BY YOU TO AGENCY FOR ITS PRODUCTS OR SERVICES.
- Disclaimer of Warranties: To the maximum extent permitted by applicable law, Agency and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Agency services.
- Indemnity: The client does hereby expressly agree to indemnify and hold harmless Marca Studios, LLC, its Owners, its principals, officers, employees and contractors against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project. The client hereby waives any and all claims which, but for this waiver, it may have, or which it may hereafter acquire, against Marca Studios, LLC, its Owners, its principals, officers, employees and contractors arising or resulting at any time or place from anything done or omitted to be done by them regarding this project.
- Entire Understanding: The agreement constitutes the sole agreement between Marca and Client regarding the use of Services. It becomes effective only when signed by both parties.
- Governing Law/Venue: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado and not the principles of conflicts of law thereof. The Parties agree that the venue for any action arising out of this Agreement will be Denver, CO.