Summary
Glare Marketing Technologies will always work hard to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if anything should go wrong.
In this contract, you won’t find complicated legal terms or large passages of unreadable text. There is no desire to trick you into signing something that you might later regret. This agreement is aimed to set out what’s best for the safety of both parties, now and in the future.
Scope of Service
Glare Marketing Technologies shall provide only those professional services and/or products specified in the Proposal and that are within the HubSpot platform. The customer understands and agrees that, unless listed in the Proposal, Glare Marketing Technologies is not responsible for any other work or scope of supply or any disclosure, notifications, or reports that may be required to be made to third parties, including appropriate governmental authorities. If Customer requests and Glare Marketing Technologies agrees to perform any services that are in addition to or outside the scope of Work identified in the Proposal, Customer shall promptly pay Glare Marketing Technologies for such services in accordance with the terms and rates shown in the Proposal or, if no such terms or rates are shown in the Proposal, in accordance with Glare Marketing Technologies standard terms and rates for the services performed.
Deliverables
Glare Marketing Technologies hereby warrants not to use, as part of the Work, any information or materials it is prohibited from using (whether by law or by contract). Customer is and shall be the owner of the deliverables and materials generated by the Work and any and all intellectual property developed as part of the Work. To the extent Glare Marketing Technologies incorporates as part of the Work any of Glare Marketing Technologies’ intellectual property and/or related know-how, then Glare Marketing Technologies hereby grants to Customer, a perpetual, worldwide, irrevocable, royalty free, license to all such intellectual property for the sole purpose of enabling Customer to properly use, modify or improve the deliverables and/or results of the Work. For avoidance of doubt, Customer shall not be required to state or provide credit to Glare Marketing Technologies with respect to the Work.
Access to Site and Information
The customer will provide the right of entry and access to all relevant sites, equipment, and other information in its control or possession as is necessary for Glare Marketing Technologies to timely and fully complete the Work. Glare Marketing Technologies is not responsible for the quality or accuracy of data or information, nor for the methods from which the data was developed, where such information or data is provided by or through Customer or others that are not agents or Glare Marketing Technologies agents, and Glare Marketing Technologies has no obligation to investigate facts or conditions not disclosed to it by Customer.
Standard of Care
The Work shall be carried out by Glare Marketing Technologies in a manner consistent with that level of care and skill ordinarily exercised by others currently providing similar services under similar circumstances at the time the services are performed. no other warranty, express or implied, whether contained in materials provided or statements made by glare marketing technologies or otherwise, is made by glare marketing technologies with respect to the quality, result, effectiveness, or outcome of the work, including any implied warranties of merchantability and fitness for a particular purpose and any such additional warranties are hereby expressly disclaimed. The customer’s sole remedy for a breach of the foregoing warranty is to require Glare Marketing Technologies to correct or replace, at Glare Marketing Technologies’s election, the selected service if the breach of warranty is made known to Glare Marketing Technologies in writing within 1 year from the date the detected services were provided. Glare Marketing Technologies does not provide any warranty or guarantee with respect to third party software or hardware (such as the software platform of any website) and, accordingly, (a) Glare Marketing Technologies has no responsibility to correct or pay for the correction of, errors or problems arising from or caused by third party software or hardware, and (b) Glare Marketing Technologies does not warrant that the services or operation of any web site will be uninterrupted, error-free, or completely secure. The customer assumes all risks related to the processing of transactions related to electronic commerce.
Force Majeure
Glare Marketing Technologies is not liable for any failure to perform, or delay in performance, due to circumstances beyond its reasonable control, including but not limited to, riots, wars, fires, floods, explosions, strikes, acts of nature, and acts of government. If Glare Marketing Technologies’s services are interrupted due to any such force majeure cause, Customer and Glare Marketing Technologies shall negotiate a reasonable extension of time for performance and payment of any additional costs to be incurred by Glare Marketing Technologies as a result thereof.
Termination of Contract
Should either side terminate the agreement 1 month’s notice is required during which time a handover of all relevant projects is done.
