Terms & Conditions

If you are reading this, you are at some level of onboarding with Cohort Marketing. This document is your Terms of Service & Bill of Rights as a client — it explains what you can expect from your relationship with us moving forward, in plain non-legal, plain English.

We are here to provide you and your organization with great marketing, technical, and creative services, both on the web and off.

We want to be your favorite vendor — the best company you do business with. We won’t bill you for online client service meetings, travel time, or telephone calls moving forward. We won’t nickel and dime you. We will bill you to create or make improvements upon amazing websites, mobile applications, print marketing pieces, and unique brands.

We think you’re going to love the results!

1) Communication

We use the web-based systems to communicate with you on your projects. We may also choose to use other means to communicate such as phone calls, chat apps, or other project management software. 

2) Billing

We accept ACH, MasterCard and Visa via our invoicing system. There is no surcharge for payments via credit card. 

Support retainers are billed via recurring payment on a credit or debit card. 

We invoice via email. Past-due invoices are subject to late fees and/or interest. If you are past-due, we may suspend services until you pay your balance.

3) Meetings and Phone Calls

Connecting with you on a regular basis is extremely important to developing and maintaining successful creative and technical projects. We are happy to meet with you in person, if possible and if needed, or we can meet online via our collaborative software. We do not charge you for client service meetings or phone.

If you need to meet or talk with a Programmer, Designer, or Marketer, and utilize their respective expertise then we consider that valuable consulting time and we do bill you for that time.

Cohort Marketing does not charge for client service time. When you call, write, or meet about your current projects, you aren’t paying for that time.

If a member of our technical, design, or marketing team participates in a meeting with you, we may opt to bill for their time.

4) Sales Time

Cohort Marketing never charges you for sales-related time. For instance, we don’t bill a client or prospective client for holding meetings about our capabilities or for creating an estimate for you.

5) Estimates

We’re glad to provide free estimates for any future projects you’re considering. An estimate is a high-level analysis of how much time it would take for us to plan, design, develop, and test your project, and they usually take a couple hours for us to put together.

6) Standard Hourly Rate

We do not do hourly project work. All requests are quoted in advance of the project and work is done relating to that quote.

7) Turnaround Time & Rush Rates

If you are not a retainer client, we still appreciate you, however we have to focus on our retainer Clients and ongoing projects. Our production schedule is booked 2-4 weeks in advance. This means that if you’re not a retainer client but you need something done in less than two weeks, we will need to bump another project out of the way to make room for your rush project. We may charge a Rush Rate to do this.

9) Sign-Off and Approval Delays

There normally are periodic milestones during the lifetime of any project. These include signing off on wireframe designs, home page designs, interior page designs, etc. You can provide signoff via email. Delays on getting your feedback on these types of approvals will result in a delay in the completion of your project.

Often, these signoffs are accompanied by incremental billing. Invoices sent after incremental signoffs are payable upon receipt.

Occasionally, Clients require substantially longer than expected to provide signoffs (e.g., a month instead of 2-3 business days). 

Content cannot delay a project or billing. If you need time to develop content, you may do so at your leisure, but you will be billed for the remaining balance of your project according to your original proposal’s schedule.

We build our production schedule to include time set aside for your project, which means not taking on certain projects for other Clients in that time. Unfortunately, we cannot afford to keep our schedule open for you indefinitely. As we note in the item labeled “Billing,” this may result in our invoicing you for some or all of the remaining balance prior to project completion.

10) Scope Creep

Scope Creep is any deviation from the development plan defined in the Statement of Work. Scope creep is pretty normal — it is natural for both parties to begin to consider how users may interact with a website in ways they hadn’t when the project started, and want to make changes accordingly. This is why we really put a lot of time into the planning phase of the project.

You have a choice, after we quote out the changes as line items that will be billed separately from your main project you get to decide on whether that works for you. If you don’t proceed with it at the time of original development, we can always revisit the feature request at a later date.

For those changes that are not included in the scope of a Statement of Work, we’ll quote for the additional work, with your approval on any line-item work. Line items are invoiced at the time of approval and payable upon receipt.

11) After Launching Your Site (websites only)

We love creating websites and marketing materials for you. But neither will function indefinitely without hiccups.

Websites are like cars. You wouldn’t drive a car for ten years and never change the oil or rotate the tires. The same applies to our websites — they need maintenance, and sometimes things go wrong. Fixing problems can be complicated.

In order for the site to continue operating smoothly, you may need to make necessary changes or updates. We can address problems that you’re having and make updates when you need them, but there are costs involved for maintenance. We bill for that time.

Due to the complicated and evolving nature of interactive marketing, our websites and custom Programming work do not have a lifetime warranty. What works when you launched your site may not work two years later. For instance, Facebook keeps changing its API, which means your site will need updates to stay current. And PayPal recently updated its Payflow Pro service, which required custom updates to keep Clients’ E-Commerce sites working. We are glad to handle these updates on a “spot” (project) or retainer basis.

The post-launch grace period is your opportunity to create a “punch list” of things for us to address. If you request additional changes any time after the post-launch grace period, we will give you an estimate or quote to perform the necessary work, which you must approve (and thus agree to pay) before we complete the work.

12) Privacy

Your privacy is important to us. This privacy statement provides information about the personal information that Cohort Marketing collects, and the ways in which us use that personal information.

Personal information collection

Cohort Marketing may collect and use the following kinds of personal information:

 Information about your use of this website or any website we build for you.

  • Information about transactions carried out over this website.
  • Information that you provide for the purpose of subscribing to the website services.
  • Any other information that you send to us, including logons and usernames.

Using personal information 

Cohort Marketing may use your personal information to:

  •  Administer this website or your website.
  • Enable your access to and use of the website services.
  • Supply to you services that you purchase.
  • Send you marketing communications.

Where we disclose your confidential information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.  

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, we may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

 We will never sell your personal information, logons, or data to any other agencies or entities without your written permission.

 We will store all the personal information you provide on our secure servers.

Updating this statement

We may update this privacy policy by posting a new version on this website. 

You should check this page occasionally to ensure you are familiar with any changes. 

13) Retainers

We offer Retainers to provide ongoing support, maintenance, creative, and marketing services. We offer a range of custom retainer packages to fit your needs.

You get several benefits when you sign a support retainer with Cohort Marketing. Specifically, you receive dedicated time on our production schedule, you get better turnaround time than non-support Clients, you don’t have to worry about “nickel and dime” billing, you can better budget your monthly marketing expenses, and we can proactively identify ways to improve or maintain your website or marketing program.

Retainer Clients have access to all of Cohort Marketing's services – Programming, Graphic Design, marketing, SEO, and more – and you know exactly how much you’ll spend each month. You get monthly reports showing how you used your hours.

Your retainer fee does not include tangible Products. This means, that if you need new software for your website, or new marketing software, those costs will be billed in addition to your retainer.

14) What Both Parties Agree To (legal stuff)

YOU… have the authority to enter into this contract on behalf of yourself, your company or your organization.

You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too.

Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in this contract.

WE… have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner.

We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

WE WILL… carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and 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.

YOUR LIABILITY… to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

If any provision of this contract shall be unlawful, void, or for any reason unenforceable, the remaining parts will remain in place.

The language is simple, but the intentions are serious and this contract is a legal document under the jurisdiction of the New Hampshire courts until November 29, 2018 and the North Carolina courts after said date. Any potential litigation will take place in the state where Cohort Marketing is a legal entity. 

JUST TO BE CLEAR… “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

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. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

WE GUARANTEE… that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.

WE WILL GIVE YOU… all intellectual property rights as follows (provided you’ve paid for the work that was completed):

You’ll own all assets that we design for you plus the visual and content elements that we create during the course of our contract together. 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 intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. You will also own the unique combination of elements that constitutes a complete design.

WE WILL OWN… any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We love to show off our work, so we reserve the right to display it in our portfolio and in articles on websites, in magazine articles and in books.

NEITHER OF US WILL OWN… any resources that are already owned by another party or deemed open-source. This includes software applications or any third-party programming or templates.

Answering Your Question

If you’re a current or prospective client and you have questions about the Bill of Rights, feel free to give us a call. Contact us via our contact form, or touch (603) 565-2797. Thanks for your business!