Email Marketing Strategy Terms & Conditions

By purchasing any of our consulting services, including but not limited to our Email Marketing Strategy package (collectively, “Consulting Services”), you, the purchaser (hereinafter referred to as “Client”), enter into an agreement with Local Creative LLC (“Consultant”) and agree to the following terms:

1. Conditions

This Agreement shall not take effect, and Consultant shall have no obligation to provide services, until the Client has paid in full.

2. Scope of Services

Email Marketing Strategy: Consultant agrees to provide two 60-minute consulting calls via Google Meet or Zoom focused on email marketing strategy. Client must schedule the calls within 90 days of purchase using the scheduling link provided by Consultant. After 90 days, any unused calls do not roll over, and no refunds are provided for unused calls.

After the scheduled call, the Client may email Consultant with questions for up to two (2) weeks. Consultant will endeavor to respond within three (3) business days except in cases of unforeseen life events or emergencies, which may delay response times. Consultant will notify the Client of any expected delays as soon as possible.

Rescheduling Fee: If the Client cancels a scheduled call with less than 24 hours’ notice, Consultant reserves the right to charge a $50 rescheduling fee.

3. Method of Payment

Client must pay by debit card, credit card using the payment link provided by Consultant.

4. Cancellation

Should Consultant cancel this Agreement for any reason, Consultant agrees to refund any amounts already paid by Client that have not yet been earned by Consultant. Should Client cancel this agreement after paying in full, no refunds are offered as Consultant may have turned down other work to accommodate Client’s Consulting Services.

5. Limit of Liability

Consultant’s liability is limited to the amount paid by the Client for Consulting Services. Except as prohibited by law, Consultant shall not be liable to Client or to any other person or entity for any general, punitive, special, indirect, for consequential or incidental damages, or lost profits, or any other damages, costs or losses arising out of the Consultant’s services, materials, or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited by law, to the extent there is liability found as to the Consultant, such recovery is limited to the amount the Client paid for materials, products, or services.

 6. Warranty

Consultant makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics discussed during the Consulting Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Consultant and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

7. Indemnification and Release

Client agrees to indemnify, defend, and hold harmless the Consultant, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Client’s use of or inability to use the information provided to Client during Consulting Services or Client’s violation of any terms of this Agreement or Client’s violation of any rights of a third party, or Client’s violation of any applicable laws, rules or regulations.

8. Force Majeure

Consultant shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Consultant including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Attorney’s Fees. 

Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the prevailing party shall be entitled reimbursement of a reasonable sum of their attorney’s fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.

10. Waiver. 

No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

11. Article Headings. 

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

12. Severability. 

If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

13. Modification by Subsequent Agreement

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

14. Mediation

To the extent Client attempts to assert any such claim relating to this Agreement or to services provided from Consultant to Client, Client hereby expressly agrees to present such claim only in the small claims courts in Bennington County, Vermont.

15. Governing Law. 

This Contract shall be governed by and interpreted under the laws of the state of Vermont.

16. Sole and Only Agreement. 

This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.

17. Assignment; Successors and Assigns. 

Client agrees that Client will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that Client has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.

18. Counterparts 

This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven (7) days of execution.

By agreeing to to these terms of use, Client states that they are 18 or older and that Client have read the above authorization prior to the execution and that Client is fully familiar with its contents.