Terms of Service

Last updated: November 1, 2024

Introduction

These Terms of Service (“Terms”) govern the provision of services by Christian Steinsworth, a sole proprietorship (“we,” “us,” or “our”) to clients (“you” or “your”). By engaging our services, you agree to comply with and be bound by these Terms. The purpose of these Terms is to outline the services provided, set expectations, and limit our liability. We carry professional liability/errors and omissions insurance with biBERK.

These Terms represent the entire agreement between us and supersede any prior discussions, agreements, or understandings.

Services Offered

Our core offerings are divided into Primary Services and Additional Services, which include but are not limited to the following:

  • Primary Services:
    • Email Marketing: Development and management of communication calendars, with supporting email design, strategy, and delivery execution.
    • Front-End Website Design: Website design with a focus on mobile compatibility, including landing pages, blogs, and online e-commerce storefront development.
    • Social Media Marketing & Advertising: Strategic social media content creation, distribution, management, and monitoring across channels, including graphics designed to accompany social media copy.
    • Graphic Design: Design services for banners, logos, business cards, flyers, posters, marketing collateral, and PDF presentations.
  • Additional Services:
    • Analytics & Reporting: Digital analytics setup, strategy, management & reporting across marketing channels for websites.
    • Content Creation: Custom content for daily marketing needs across channels, from written content for websites/press releases to supporting graphics & video.
    • Event & Corporate Photography: Professional event photography seamlessly integrated into marketing efforts, securing the perfect visuals for emails, social media, and promotional materials.
    • Search Engine Optimization (SEO): SEO strategies to improve search result rankings, enhance online reputation, grow website visibility, and increase traffic.
    • Video Production & Editing: Flexible video services for any business or non-profit organization, from simple product shots to branded commercials.

Client Responsibilities

You agree to provide all necessary materials, information, and feedback required for the timely and effective completion of our services. This includes:

  • Providing timely feedback, edits, and approvals.
  • Ensuring all content and information submitted is 100% your own and does not violate any third-party rights or applicable laws.
  • Assuming full responsibility for the accuracy, legality, and approval of all content submitted for publication, including giving final approval on email and social posts before they are published.

Payment Terms

  • Invoicing Schedule: Monthly invoicing on the first of the new month for accrued hours in the previous month at a regular hourly rate of $80.
  • Payment Methods: Credit card via Square or check via mail to PO Box.
  • Payment Due Period: Payments are due within 30 calendar days of invoicing.
  • Late Fees: No late fees; however, services may be discontinued if payment is not received within 30 calendar days.
  • Non-Refundable: All payments for services rendered are non-refundable.

Confidentiality

We are committed to maintaining the confidentiality of any proprietary information provided by you. We will not disclose such information to any third party without your consent, except as required by law. Confidential information will only be used as necessary to perform services under this agreement. All emails related to business are deleted after three years.

Liability Limitations

We shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from our services, including but not limited to the following:

  • Hacking attempts or security breaches.
  • Damages resulting from actions taken on social media or other online spaces we manage.
  • Errors in designs for banners, signs, magazines, etc.
  • How people interpret the information read.
  • Lapses in hosting/domain services.
  • Inability to access accounts or lost access to accounts.
  • Loss of data or any damages resulting from data loss, data recovery efforts, or other unforeseen data incidents.
  • We shall not be held liable for any copyright or intellectual property claims related to any content, designs, or materials created, submitted, or distributed as part of our services. You agree to review and approve all content before publication, assuming full responsibility for its use and distribution.

Our liability is limited to the amount you paid for the services in question, and any claims must be brought within 90 days of the service provided. This liability limitation applies to any claims arising before, during, or after the completion of services.

We request written email approval before posting any content.

Service Modifications

We reserve the right to modify, suspend, or discontinue any of our services at any time with reasonable advance notice, typically 30 days, particularly in cases of non-payment. We will endeavor to provide reasonable notice of any service changes to allow for continuity or transition.

Termination

Either party may terminate the agreement with 30 days written notice. In the event of termination, you agree to promptly pay for all services rendered up to the effective termination date.

Dispute Resolution

Any disputes arising from these Terms will be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will take place in Hudson County, New Jersey, and the decision of the arbitrator(s) shall be final and binding on all parties. By agreeing to these Terms, both parties waive the right to pursue claims in court or participate in a class action, except as otherwise required by law. Each party shall bear its own costs and expenses in arbitration, including legal fees, unless otherwise awarded by the arbitrator(s). The decision of the arbitrator(s) shall be final, binding, and enforceable in any court of competent jurisdiction. Any arbitration proceedings shall remain confidential, and neither party may disclose the existence, content, or results of any arbitration without prior written consent from the other party, except as required by law.

Governing Law

These Terms are governed by and construed in accordance with the laws of Hudson County, New Jersey, without regard to conflict of law principles.

Contact Information

If you have any questions or concerns about these Terms, please contact us using our contact form or mail us at:

Christian Steinsworth
PO Box 13087
Jersey City, NJ 07303