Marketing
Between “us”, Sumo Marketing Group, and “you”, as per the name, business and signature on the proposal.
• There will be a one-time payment for set-up of the initial work (Research and Brand Discovery) and then payment for the management that will be paid before the project can commence. This is the nature of the Sumo Business model, upfront costs for the team delivering the work has to be covered first.
• Sumo Marketing Group offers a no contract term policy. Therefore, you will be invoiced in week three ahead of the next month to avoid delays – no payment received no work commences.
• Following this, a monthly advertising spend will be needed to maintain and produce paid in
advance at the start of each 30-day cycle.
• After the first three (3) months, if still working on your project, a review of the frequency/progress/performance will be conducted and any changes will be agreed to by both parties. This will be campaign related and not affect the management fee; however, it’s important to always look at a three month view on all marketing commitments.
• The team Sumo Marketing Group use will be handpicked for the use of the project. The team is made up of self employed digital marketing professionals vetted, checked and approved. by Sumo Marketing Group.
• Sumo Marketing Group will give you a dedicated Account Manager which means you do not have contact with the teams delivering the work. Therefore, you have one point of contact, regardless of the amount of services which gives you the best customer experience.
• Sumo Marketing Group will act as service providers, not employees of you as the client.
• This agreement will have an ongoing duration, whereby you will need to give notice before any cancellation or change to the agreement can be made. This would be at week 3 period as the invoice is generated. At this point Sumo Marketing Group will cease work.
• Ending the agreement will be simple and pain free, Sumo Marketing Group will give all information and data held by them back to you as the client. Providing it is your property in the first place.
• Due to the flexibility of the agreement and because of the way Sumo Marketing Group operates there is a no refund policy.
• If for whatever reason you do not give us the notice ahead of a new month beginning you understand that you incur a charge for the following month regardless of if you want us to deliver the work. This is only fair as we will spend that week preparing for the month ahead.
Website
Between “us”, Sumo Marketing Group, and “you”, as per the name, business and signature on the proposal.
1.0 Services Rendered
1.1 DESIGN
Sumo Marketing Group will design and develop a new website for you. The website will be WordPress website using PHP, CSS and Javascript. You will have regular opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction of the work is taking, you will pay in full for everything we have produced up to that point and then cancel this contract.
1.2 TEXT CONTENT
Writing or inputting any text copy is not included in this contract. If you’d like us to write new
content or input text for you, we’re happy to provide a separate estimate for that.
1.3 PHOTOGRAPHS & IMAGERY
With the exception of the logo developed by Sumo Marketing Group, you’ll need to supply graphic files to us in
an editable, vector digital format if required. Photographs must be in a high resolution digital
format. If you choose to buy stock photographs, we can suggest stock libraries and style of
photography/images. If you’d like us to search for photographs for you, we can provide a separate
estimate for that. Cost of buying stock photographs or a photo shoot is not included in this
contract.
1.4 HTML, CSS AND JAVASCRIPT
We deliver WordPress websites developed using PHP, CSS2.1 + 3 and Javascript.
1.5 BROWSER TESTING
Browser testing no longer means attempting to make a website look the same in browsers of
different capabilities or on devices with different size screens. It means ensuring that a
person’s experience of a design should be appropriate to the capabilities of a browser or device.
1.6 DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple
(Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We’ll also test to
ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different,
experience. We’ll implement a single column design for Internet Explorer 7 and below for
Windows but we won’t test in other older browsers unless you specify otherwise. If you need an
enhanced design for an older browser, we can provide a separate estimate for that.
1.7 MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design
is appropriate to the capabilities of the device they’re using. We test our work in:
• iOS: Safari
• Android 4.1: Google Chrome, Firefox
• Android 3.2: Browser, Firefox
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile
browsers. If you need us to test using these, we can provide a separate estimate for that.
1.8 TECHNICAL SUPPORT
We have inclued one month of post-launch technical support as part of this proposal. Any extra
functionality support that is required beyond this one month is out of scope and will be subject to
additional charges.
1.9 CHANGES AND REVISIONS
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit
you to your earliest ideas. We don’t want to limit your ability to change your mind or make
decisions later when you might be better informed. The price at the beginning of this contract is
based on the length of time we estimate we’ll need to accomplish everything you’ve told us you
want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything
new, that won’t be a problem as we’ll provide a separate estimate for to cover the additional work.
1.10 ERRORS
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or
any third-party for damages, including lost profits, lost savings or other incidental, consequential or
special damages, even if you’ve advised us of them.
1.11 SEO DROP
When creating a new website and migrating a business to new URLs, it is expected that there will
be a temporary drop in SEO while search engines realign to your new site. Through processes
outlined above, Sumo Marketing Group will do all it can to bring SEO back to pre-migration levels as standard,
but this cannot be guaranteed.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed
above. You agree to aid us in doing so by making available to us needed information pertaining to
your website and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
Functionality or feature requests above and beyond those listed in the budget and/or the
functionality specs may be considered out-of-scope and an amendment to the budget will be
recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at
the discretion of Sumo Marketing Group.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a small business that you pay the invoices that
we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
This proposal investment payment plan excludes annual and monthly payments for hosting and
support after the initial inclusive offer listed in this proposal. These costs will be incurred
separately, depending on future payment agreements made between Sumo Marketing Group and You.
4.2 DEPOSIT
Initial deposits are non-refundable.
4.3 CLIENT AGREEMENT TO PAY
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project.
Every invoice after that will have 7 day payment terms. In the event payment is not made within this period, Sumo Marketing Group reserves the right to stop work until payment is received.
4.4 COLLECTION COSTS
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices,
in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel or stop any and all plans or work in process. However,
you agree to reimburse us for all costs and expenses we incurred prior to your change in
instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold
us harmless for any liability relating to such action. We agree to use our best efforts to minimize
such costs and expenses.
6.0 Responsibilities of Sumo Marketing Group and Client
6.1 RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted
materials, photographs, art work or any other property or rights belonging to third parties obtained
by us for use in performing services for you (If applicable). Any related costs are not included in
this agreement and will be subject to additional fees.
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by
your good selves, or that you have permission to use them. Then when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and
finished files and you should keep them somewhere safe as we’re not required to keep a copy.
You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll
license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We can provide a separate estimate for that.
6.3 CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness and propriety of information concerning
your products and services which you furnish to us verbally or in writing in connection with the
performance of this Agreement.
6.4 SUMO MARKETING GROUP’S TEAM
The team Sumo Marketing Group use will be handpicked for the use of the project. The team is made up of self employed digital marketing professionals vetted, checked and approved. by Sumo Marketing Group.
Sumo Marketing Group will give you a dedicated Account Manager which means you do not have contact with the teams delivering the work. Therefore, you have one point of contact, regardless of the amount of services which gives you the best customer experience. Sumo Marketing Group will act as service providers, not employees of you as the client.
7.0 Confidentiality
Sumo Marketing Group acknowledges its responsibility, both during and after the term of its appointment, to use
all reasonable efforts to preserve the confidentiality of any proprietary or confidential information
or data developed by Sumo Marketing Group on behalf of you as the client or disclosed by you as the client to us.
8.0 Term and Termination
8.1 Period of Agreement and Notice of Termination
This Agreement shall become effective as of April 25, 2020 and shall continue until terminated by
either party upon not less than 60 days’ notice in writing given by either party to the other.
8.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the
performance of any of its material duties and obligations and the default is not cured within thirty
(30) days of the receipt of notice of said default, or if the default is not reasonably curable within
said period of time, unless the defaulting party commences cure within said period of time and
diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the
other party if the other party is insolvent or has a petition brought by or against it under the
insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of
creditors, if a trustee, or similar agent is appointed with respect to any property or business of the
other party, or in the case of the Client, if the Client materially breaches its obligations to make
payment pursuant to this Agreement.
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS?
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase
for your account, (either specifically or as part of a plan such as modules, photography and/or
external services) shall be paid for by you, in accordance with the provisions of this Agreement.
We agree to use our best efforts to minimize such liabilities immediately upon written notification
from you. We will provide written proof, upon request of you as the client, that any such materials
and services, are non cancelable.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for
which you have not paid us in full, until such time as you have paid us in full you agree not to use
any such materials, in whole or in part, or the product of such services.
8.5 TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then
owed by you to Sumo Marketing Group, Sumo Marketing Group shall transfer, assign and make available to you all property and materials in its possession or control belonging to you. As the client you agree to pay for all costs associated with the transfer of materials.
9.0 General Provisions
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the United
Kingdom of Great Britain and Northern Ireland.
9.2 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter
into this Agreement and to perform all of their obligations hereunder without violating the legal or
equitable rights of any third party.
9.3 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
9.4 SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be
construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force
and effect.
