KARMA jack Terms and Conditions
Last Updated: 8/22/24
Welcome to KARMA jack, LLC (“KARMA jack®”). By engaging our services, you (“Client”) agree to the following Terms and Conditions (“T&C”). These T&C govern using KARMA jack’s services, websites, and associated digital assets. Please read them carefully.
1. Acceptance of Terms
By entering into a service agreement with KARMA jack, you acknowledge that you have read, understood, and agree to be bound by these T&C and any future modifications. These T&C are incorporated by reference into all contracts, agreements, and engagements between you and KARMA jack.
2. Services
KARMA jack provides digital marketing services, including but not limited to content creation, advertising management, website development, and social media management. The specific services will be detailed in the individual agreement between KARMA jack and the Client.
3. Payment Terms
- Payment Schedule: Payments for services are to be made in advance for each month of work, with the payment method specified in the individual service agreement. Payments will be collected via ACH or Credit Card through a payment portal, such as HoneyBook or Quickbooks, on or before the date of the initial onboarding meeting.
- Late Payments: A late fee of 5% of the invoice amount will be applied to any payments not received within 30 days of the invoice date. If payment remains outstanding for more than 30 days, KARMA jack reserves the right to suspend or terminate services until payment is made in full, including any applicable late fees.
- Client Responsibility for Advertising Costs: The Client is responsible for supplying a valid credit card to be billed directly by the advertising platforms for any chosen services. If the Client prefers KARMA jack to cover these costs initially, they may do so with the understanding that:
- The Client must pay for the advertising spend upfront.
- A 10% management fee will be applied to the total advertising spend, which will be invoiced along with the upfront payment.
- Payment Disputes: If the Client disputes any charges, they must notify KARMA jack within 10 days of the invoice date. Failure to notify KARMA jack within this timeframe constitutes acceptance of the charges.
4. Ownership of Advertising Platforms and Digital Assets
- Ownership of Content: The Client owns all content and website work created by KARMA jack on behalf of the Client, provided that the account is in good standing with all payments up to date. If payments are not current, KARMA jack reserves the right to suspend access to and ownership of the content until all outstanding balances are paid.
- Showcasing Work: KARMA jack retains the right to showcase the work created for the Client as part of its portfolio and to publish it on various platforms, including but not limited to the KARMA jack website, social media channels, and marketing materials, unless otherwise agreed in writing.
- Reporting Cadence: KARMA jack will provide detailed reporting on a cadence selected by the Client—weekly, monthly, and/or quarterly—depending on the Client’s preferences.
- Digital Assets: All digital assets created or managed by KARMA jack on behalf of the Client, including but not limited to websites, advertising accounts, and creative content, remain the exclusive property of KARMA jack until all outstanding payments are made in full.
- Suspension of Services: In the event of non-payment, KARMA jack reserves the right to suspend services and revoke access to any digital assets under its control. KARMA jack may also modify or disable access to these assets until the Client fulfills all payment obligations.
- Advertising Platforms: KARMA jack will establish and maintain new advertising accounts for services provided to the Client. Due to the use of proprietary methods and strategies, KARMA jack retains ownership of these advertising platforms indefinitely. The Client will receive access to reporting and performance data but will not own the ad accounts themselves.
5. Intellectual Property
- Copyright and Trademark: KARMA jack retains all intellectual property rights to any content, creative works, and digital materials produced during the course of the engagement, including but not limited to logos, branding materials, and marketing content, until all outstanding payments are made in full.
- Client’s License: Upon full payment, KARMA jack grants the Client a non-exclusive, non-transferable license to use the materials created under the terms of the specific agreement.
6. Confidentiality
KARMA jack agrees to maintain strict confidentiality of all company and customer information provided by the Client, unless required by law or explicitly authorized in writing by the Client to disclose specific information.
7. Modification of Services
KARMA jack reserves the right to modify its services, service offerings, and pricing at any time. Any changes will be communicated to the Client, and continued use of services after such changes have been communicated constitutes acceptance of the modified terms.
8. Modifications to Terms
KARMA jack reserves the right to modify these T&C at any time without prior notice. Changes will be effective immediately upon posting to our website at [insert URL]. It is the Client’s responsibility to review these T&C periodically. Continued use of our services after any changes constitutes acceptance of the new terms.
9. Limitation of Liability
KARMA jack shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of use, interruption of business, or lost profits, regardless of the form of action, even if advised of the possibility of such damages. In no event shall KARMA jack’s aggregate liability exceed the fees paid by the Client for the services provided.
10. Termination of Services
Either party may terminate the service agreement with 30 days’ written notice. In the event of early termination by the Client, the Client agrees to compensate KARMA jack for all services rendered and any discounted rates provided up to the termination date.
11. Dispute Resolution
Any disputes arising out of or related to these T&C or the services provided shall be resolved through good faith negotiation. If a resolution cannot be reached, disputes will be settled by arbitration in Genesee County, Michigan, administered by the American Arbitration Association under its Commercial Arbitration Rules.
12. Governing Law
These T&C shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.
13. User Content and Compliance
The Client is responsible for ensuring that all content provided to KARMA jack complies with applicable laws, regulations, and industry standards. KARMA jack reserves the right to refuse, modify, or remove any content that violates these requirements.
14. Client Data and Privacy
KARMA jack will take reasonable measures to protect any personal or business data provided by the Client. However, the Client acknowledges that no method of electronic storage or transmission is 100% secure, and KARMA jack cannot guarantee absolute security.
15. Assignment
The Client may not assign any rights or obligations under this agreement without the prior written consent of KARMA jack.
16. Contact Information
For any questions or concerns regarding these T&C, please contact us at accounting at karmajack.com or by mail at:
KARMA jack, LLC
22041 Woodward Avenue
Ferndale, MI 48220
(800) 457-7751