Terms and Conditions

This section details Fusion Marketing LLC’s offerings related to print products and custom artwork, including available services, production processes, ownership rights, revision policies, quality control standards, and project management procedures. These terms apply specifically to print and artwork services and should be read in conjunction with the general terms outlined in Section I.

2.1 Products and Services Offered

This subsection provides an overview of the print products and custom artwork services offered by Fusion Marketing, establishing the scope of available options for clients seeking print-related services.

• Business cards, brochures, tickets, banners, flyers
• Postcards, door hangers, and direct mail materials
• Vinyl graphics and wraps
• Interior and exterior signage
• Wide format printing
• Custom artwork and graphic design
• Logo design and brand identity development
• Marketing collateral and promotional materials
• Product packaging design
• Trade show displays and materials

2.2 Service Process

This subsection outlines the standard workflow for print and artwork projects, from initial inquiry through completion, to help clients understand each step of the production process and their responsibilities throughout the project lifecycle.

• Initial Contact: Client submits request or inquiry
• Project Discussion: Consultation to determine specifications and requirements
• Estimation: Detailed quote provided with scope, deliverables, and timeline
• Contract: Signed estimate and applicable payment
• Art Proof/Design: Initial design concepts and proofs
• Revision Cycles: Client feedback and designer adjustments
• Final Approval: Client provides explicit approval of final design
• Production: Approved design moves to production phase
• Quality Control: Final product undergoes quality inspection
• Completion: Delivery or pickup arrangements
• Reorders: Skip approval process and go straight to production unless otherwise noted on the estimate
• Client-supplied artwork: Printed as-is without art proofs, proceeding directly to production unless otherwise noted on the estimate

2.3 Artwork Ownership and Rights

This subsection clarifies the intellectual property rights associated with artwork created by Fusion Marketing, including copyright ownership, usage rights, and special provisions for different types of creative work to ensure both parties understand their rights and limitations regarding the created materials.

• Fusion Marketing retains copyright ownership of created artwork
• Clients receive an exclusive, perpetual license for personal and commercial use of final approved designs
• For work incorporating stock assets or third-party elements:
• Certain elements may be subject to third-party licensing
• Clients receive rights to the final composition, not individual elements
• Separate licenses may be required for usage beyond the scope of the original project
• For logo design and brand identity:
• Default position is that Fusion Marketing retains copyright while granting clients an exclusive license
• Full copyright transfer available as a premium option at higher pricing (typically 50-100% additional cost)
• Terms may be modified with “unless otherwise stated” through additional riders or specific contract provisions
• Usage rights are non-transferable unless explicitly stated in writing
• Sublicensing requires written permission from Fusion Marketing

2.4 Revisions and Approvals

This subsection establishes the standard revision process, defines what constitutes basic changes versus redesigns, and explains the approval procedures to help clients understand the revision limitations and how to properly approve final artwork.

• Number of revisions as specified in the project proposal or estimate
• Standard packages include three (3) digital proofs and two (2) sets of basic changes
• Additional revisions available at current hourly rate as specified in your estimate or project agreement
• Basic Changes: Updates to colors, fonts, text corrections, and minor modifications that don’t significantly alter the overall design
• Artwork Redesign: Change in project scope or entirely different rendering (e.g., changing a caricature of a parrot in a pirate suit to a pineapple wearing a pirate hat)
• Redesigns are considered new projects and will be billed separately
• Approvals conducted through proprietary digital proofing system
• Approvals recorded and time-stamped with double opt-in to prevent accidental approval
• Email approvals are acceptable and binding when responding to proofs
• Written approval serves as acknowledgment that all elements (including spelling, grammar, content, colors, and layout) are correct

2.5 Post-Approval Changes

This subsection details the policies regarding changes requested after a client has provided final approval of artwork or print materials, setting clear expectations about the feasibility, costs, and limitations associated with late-stage modifications.

• For print items: Client must contact immediately; changes accommodated if possible but not guaranteed
• No changes possible once items have left pre-press
• Rush fees may apply for post-approval changes
• For artwork: Changes will be billed at current hourly rate under a new contract
• Post-approval changes may affect project timeline and delivery dates
• Fusion Marketing is not responsible for delays resulting from post-approval changes
• Costs associated with reprinting due to post-approval changes are the client’s responsibility

2.6 File Delivery and Format

This subsection describes how finished files are delivered to clients, what file formats are included in standard packages, and any additional fees for special file formats or storage media, ensuring clients understand what digital assets they will receive and how to access them.

• Link to all deliverables provided via secured cloud storage (e.g., Dropbox)
• Client responsible for downloading assets to local machine within 14 days
• No guarantee of storage exceeding 14 days from production completion and delivery
• Flash drive or CD containing deliverables available upon request for non-refundable $50 fee
• File formats provided:
• Logo design: Vector (AI, EPS, PDF) and raster artwork (PNG, JPG)
• Printing: Flat, print-ready, raster artwork in appropriate resolution
• Digital: Flat, web-ready raster artwork optimized for digital use
• Specific file formats included in estimates
• Product setup for printed items does not include provision of artwork or working files unless otherwise stated in contract
• Editable source files (.AI, .PSD, .INDD) are not included unless specifically purchased
• File release fee for editable source files is $50 per file

2.7 Quality Control and Inspection

This subsection outlines quality control measures, defines what constitutes defects versus normal variations, and establishes the client’s inspection responsibilities to ensure a shared understanding of quality standards and the process for addressing production issues.

• Final responsibility for proofing artwork (text, colors, raster images, quality) rests with client
• Multiple internal checks: project manager, artist, and pre-production
• Clients recommended to print hard copies to check for color variations, font size, image quality
• Color variations between digital screens and final production may occur and are not considered defects
• Color matching not guaranteed unless specified in contract with Pantone codes
• Colors may vary depending on production materials, printing method, and substrate
• Pantone matching system utilized when specified and paid for
• Clients must inspect delivered products within 7 days of receipt
• Defect reports must include photographs and direct contact with project manager
• Defects defined as:
• Printing errors (missing elements, incorrect content)
• Significant color inconsistencies beyond normal variation
• Binding/finishing issues (improper cutting, folding, binding)
• Production errors attributable to Fusion Marketing
• Not considered defects:
• Normal variations in color (up to 10% variance)
• Minor size variations (up to 1/8″ variance)
• Slight imperfections not visible from normal viewing distance
• Issues resulting from client-approved artwork
• Defects caused by client-provided artwork or specifications not covered
• Replacement provided for verified defects; return of defective items may be required
• Replacement is the exclusive remedy for defects; no refunds offered

2.8 Project Abandonment

This subsection details the specific abandonment policies for artwork and print projects, including credit policies, reinstatement fees, and consequences of client non-responsiveness to ensure clients understand the importance of timely communication.

• Artwork projects will be considered abandoned if client becomes unresponsive for a period of 14 calendar days
• Cost of printing will be applied to client’s account as a credit
• If art proof has been provided, associated costs for artwork will not be credited under any circumstances
• If artwork was discounted as part of printing project, artwork will be billed at full rate and remaining balance credited to client’s account
• Credit expires 12 months from date issued
• Client remains responsible for full payment of completed work, regardless of abandonment
• A reinstatement fee of 10% of total project cost ($100 minimum, $500 maximum) plus remaining balance will be charged for resuming abandoned projects
• Reinstatement is at the sole discretion of Fusion Marketing with no obligation to disclose reasons for disapproval

2.9 Rush Services

This subsection explains the availability, pricing, and limitations of expedited services for print and artwork projects, helping clients understand the options for accelerated timelines and associated premium costs.

• Rush services available at Fusion Marketing’s discretion
• Rush fees start at 25% additional charge for 48-36 hour turnaround
• 100% rush fee for next-day service when available
• Rush services must be explicitly requested and noted on the estimate
• Rush service availability cannot be guaranteed and depends on current workload
• Rush services may not be available during peak seasons or for complex projects

This section outlines Fusion Marketing LLC’s specialized printing services, including silkscreen (screen printing), direct-to-garment (DTG) printing, embroidery, and heat transfer services. It details the technical specifications, material considerations, quality standards, pricing structure, and client responsibilities specific to these services. These terms should be read in conjunction with the general terms in Section I.

3.1 Services Offered

This subsection provides a comprehensive overview of Fusion Marketing’s garment decoration services, including printing methods, embroidery options, and minimum order requirements to establish clear expectations for clients seeking these specialized services.

• Silkscreen printing: Multi-color printing utilizing mesh screens and ink
• DTG (Direct to Garment) printing: Digital printing directly onto garments
• Embroidery: Decorative thread designs sewn onto garments
• Heat transfer: Application of designs via heat-activated adhesion
• Minimum order requirements:
• 12 items for standard orders
• 100 items for customer-provided garments (“brought-ins”)
• Available products: T-shirts, hoodies, jackets, hats, bags, promotional items, and more

3.2 Materials and Technical Specifications

This subsection details the technical limitations and considerations for different printing methods and materials, helping clients understand how fabric composition and garment construction may affect print quality and production outcomes.

• Decoration available only on items that have been tested for specific decoration methods
• No guarantee that specific decoration method or process will not damage customer-provided garments
• Some garments are not rated for silkscreen, which requires heat curing
• Some fabrics may melt, burn, or scorch during the printing process
• Material composition affects print quality and durability
• DTG printing is most effective on 100% cotton or high-cotton blend garments
• Polyester and performance fabrics may have limitations with certain printing methods
• Dark garments may require additional process steps and may incur higher costs
• Print placement may vary by up to 1/4 inch in any direction from specified location
• Print size may be adjusted slightly to accommodate garment size or technical requirements

3.3 Setup Fees and Charges

This subsection outlines the fee structure for different printing methods, including setup costs, volume pricing, and additional charges for special services, providing transparency about how projects are priced and what factors influence the final cost.

• Silkscreen:
• $35 per screen setup fee (one screen per color)
• $10 per color re-screen fee for repeat orders if new screens are required
• Setup fees are non-refundable once work has begun
• DTG: No setup fee for standard orders
• Embroidery:
• Digitizing fee based on design complexity and stitch count
• One-time fee for initial digitizing, stored for future orders
• Pricing structure:
• Based on complexity of print, number of colors, print location, and quantity
• Exponential pricing structure automatically configured based on production costs
• Volume discounts available for larger quantities
• Additional locations and colors increase cost
• All pricing reflected on estimates and subject to change with modifications
• Additional charges:
• Special ink types (metallic, glow-in-the-dark, etc.) may incur surcharges
• Oversized prints (exceeding standard print area) subject to additional fees
• Rush orders subject to 25-100% surcharge based on timeline and availability

3.4 Quality Control and Defects

This subsection defines quality standards for printed and decorated items, establishes acceptable variations in production, and outlines the process for reporting and resolving defects to provide clarity regarding product quality expectations and remedies.

• Acceptable margin of error: Up to 2% or one garment (whichever is greater) may contain minor imperfections
• Fusion-provided items: Defective garments will be replaced at no cost
• Customer-provided items: No warranty or replacement provided under any circumstances
• Acceptable variations:
• Position variance of up to 1/4 inch in any direction
• Minor color variations between printed items
• Slight differences in print opacity
• Small imperfections not visible from 3 feet away
• Colors: Not guaranteed to match exactly unless specifically noted in writing with Pantone color codes
• Inspection period: Client must inspect all items within 7 calendar days of receipt
• Defect notification: Must include photographs and detailed description
• Remedies for verified defects:
• Reprint of defective items
• Return of defective items may be required
• No refunds offered; replacement is the exclusive remedy

3.5 Material Substitutions

This subsection explains the policies regarding product substitutions when requested items are unavailable, defining what constitutes a “comparable” item and outlining the client’s options when substitutions are necessary.

• In the event requested products are unavailable in specific quantity, size, or color, a comparable item will be referenced
• If no comparable items are available, client will be contacted for direction
• “Comparable” defined by similar material, color, measurements, and price point (within 15% of original item’s cost)
• Fusion Marketing will make reasonable efforts to ensure substitutions meet client expectations
• Client has the right to reject proposed substitutions, which may result in project delays
• Pricing adjustments may be necessary for substitutions with significant cost differences

3.6 Customer-Provided Garments

This subsection outlines the specific terms, conditions, and limitations that apply when clients provide their own garments for decoration, clearly establishing the risks, requirements, and responsibilities associated with “brought-in” items.

• Spoilage rate: 15% spoilage rate applies to all customer-provided garments
• Client must provide excess garments to account for potential spoilage (minimum 15% additional items)
• If spoilage exceeds 15%, client will be notified but no compensation will be provided
• No inspection: Fusion Marketing does not inspect customer-provided items; inspection is the sole responsibility of the client
• No liability: No liability for damage during printing process regardless of cause
• Print adhesion: No guarantee that inks will adhere properly to customer-provided materials
• Colorfastness: No warranty for colorfastness or durability on customer-provided items
• Sizing and fit: No responsibility for sizing or fit issues with customer-provided garments
• No replacements: No replacements available for damaged customer-provided items
• Risk assumption: Customer assumes all risks associated with printing on their own materials
• Print placement: May vary slightly from mockups due to garment variations
• Compatibility: No guarantee of compatibility between decoration methods and unknown fabrics
• Pre-owned garments: Not responsible for any unknown treatments or conditions of pre-owned garments
• Receiving requirements:
• Items must be new, unworn, and unwashed
• Items must be free of defects, stains, and damage
• Items must be sorted by size and color
• Items must include detailed inventory list
• Items must be delivered by client’s specified deadline

3.7 Shipping and Delivery

This subsection details shipping arrangements, tracking, insurance, and delivery policies for printed products, establishing clear expectations for delivery timelines and responsibilities for both parties.

• Tracking links provided for all shipped packages
• Insurance included on higher-value packages (over $250)
• Not responsible for packages after they are received by shipping carrier
• All shipping issues must be communicated through the third-party logistics company
• No assistance with filing insurance claims with carriers
• Client responsible for shipping costs if packages are not delivered due to client negligence (incorrect address, failure to retrieve, etc.)
• Signature requirements for high-value shipments (over $500)
• Not responsible for delays caused by shipping carriers
• Client pays all customs/duties for international shipments
• Physical pickup available during business hours at no additional charge

3.8 Production Timeframes

This subsection outlines standard production timelines, factors that may affect these timelines, and the availability and costs of expedited services to help clients plan effectively for their projects.

• Standard production: 14 business days from final artwork approval
• Production time may extend during busy periods (May-June, November-December)
• Rush services available on case-by-case basis at additional cost (25-100% surcharge)
• Same-day or next-day service not available for orders exceeding 50 items
• Timelines and delivery dates not guaranteed unless noted in writing
• Production time begins after artwork approval and payment reception
• Delays caused by client (slow approval, incomplete information, etc.) will extend production timeline accordingly

3.9 Cancellation and Changes

This subsection establishes policies for order cancellations and modifications after initial approval, including fee structures, deadlines, and limitations to help clients understand the constraints and costs associated with project changes.

• Cancellations accepted prior to production start with 10% cancellation fee
• No cancellations accepted once production has begun
• Design changes after approval subject to $35 screen charge per color for silkscreen
• Quantity changes:
• Increases subject to availability and may extend timeline
• Decreases accepted prior to production with potential price adjustment
• Minimum order requirements still apply
• No cancellation or refund available for customer-provided garment orders once received

This section outlines Fusion Marketing LLC’s website development services, including the types of websites offered, project scopes, development processes, content responsibilities, technical specifications, and ongoing support options. These terms apply specifically to website development services and should be read in conjunction with the general terms outlined in Section I.

4.1 Services Offered

This subsection provides an overview of the website development services available from Fusion Marketing, establishing the scope of options for clients seeking web development services and clarifying which services are not offered.

• WordPress website design and development
• Custom website development from scratch
• E-commerce website development
• Website redesigns and migrations
• Website maintenance and support
• Responsive/mobile design
• Landing page creation
• Website hosting
• Dynamic dashboards and data visualization
• NOT offered: Domain registration or management, web application development, custom programming beyond standard website functionality

4.2 Project Scope and Deliverables

This subsection details what is typically included in website development projects and how project scope is defined, helping clients understand the standard deliverables and the importance of explicit scope documentation in the project estimate.

• Project scope varies based on client requirements and is defined in writing on the client estimate
• Standard website deliverables typically include:
• On-page SEO (search engine optimization)
• Mobile responsive design
• Optional premium stock images
• Optional copywriting
• Custom design
• Contact forms
• Google Analytics integration
• Social media integration
• Basic security features
• Projects range from simple one-page static websites to complex e-commerce platforms with thousands of products
• Any functionality not explicitly listed in the estimate is not included in the project
• Additional functionality may be added at Fusion Marketing’s discretion and current hourly rate

4.3 Development Process

This subsection outlines the standard workflow for website development projects, from initial inquiry through launch, to help clients understand each step of the process and their responsibilities throughout the project lifecycle.

1. Initial contact: Client inquiry or request
2. Discovery meeting: Requirements gathering and project scoping
3. Estimation: Detailed quote provided with scope, deliverables, and timeline
4. Contract: Signed estimate and initial payment
5. Interactive proof development: Initial design and structure
6. Revision cycles: Client feedback and developer adjustments
7. Approval: Client provides final approval
8. Development: Full website build-out
9. Content population: Adding text, images, and other content
10. Testing: Cross-browser and cross-device testing
11. Launch: Going live with the new website
12. Post-launch support: As defined in the contract

• Wireframes or sketches not offered by default unless otherwise noted in writing
• Timeline expectations will be provided but are estimates, not guarantees

4.4 Scope Changes and Revisions

This subsection establishes the process for handling changes to project scope and details the standard revision process, helping clients understand the limitations on changes and the potential costs associated with out-of-scope requests.

• Reasonable scope changes accommodated when possible at Fusion Marketing’s discretion
• Out-of-scope items require additional fees, communicated to client before implementation
• All web development projects billed at current hourly rate for additional work beyond defined scope
• Standard package includes three rounds of revisions across the website
• A revision is defined as client reviewing the entire website, adding comments using the interactive proof, and Fusion implementing all requested changes
• Additional comments after implementation will be considered part of the next revision
• After three revision rounds, additional changes billed at current hourly rate
• Revision limits generally not strictly enforced for accommodating and reasonable clients, at Fusion Marketing’s discretion
• Major scope changes may require a new estimate and contract

4.5 Approval Process

This subsection explains how clients approve website elements and the implications of giving approval, establishing clear expectations for the approval process and the transition to launch preparation after approval is received.

• Clients can approve individual pages using digital proofing system
• Clients can approve website in its entirety
• Approval constitutes acceptance of all aspects of the website including:
• Design and layout
• Functionality
• Content
• Navigation
• User experience
• After approval, websites are prepped for launch (3-5 business days after client updates DNS)
• Client is responsible for final proofreading and testing prior to approval
• Post-approval changes will be billed at current hourly rate

4.6 Content Responsibility

This subsection clarifies who is responsible for providing website content and the consequences of client non-responsiveness regarding content provision, helping establish clear expectations about content responsibilities and timelines.

• Responsibility for providing content specified in writing on estimate (client or Fusion Marketing)
• When client is responsible for content:
• Content must be provided in digital format
• Content must be organized and labeled clearly
• Content must be provided by agreed-upon deadlines
• Clients must respond to all content requests within 48 hours
• No response after 14 days will result in project being considered abandoned
• Abandoned projects will be turned over to clients as-is regardless of state and considered complete
• Projects inactive for 14 consecutive days due to client non-responsiveness will be considered abandoned
• Reinstatement at sole discretion of Fusion Marketing without obligation to disclose reasoning
• Reinstatement fee of 10% of total project cost ($100 minimum, $500 maximum) plus any balance on the project required before reinstatement
• Update of project scope and requirements may be required and may incur additional costs
• Fusion Marketing reserves the right to use placeholder content to complete a website if client fails to provide content in a timely manner

4.7 Content Creation

This subsection details the optional content creation services that may be included in website development projects, clarifying what is and is not included in content creation and the revision process for created content.

• Web development projects may include optional copywriting and premium stock images
• Content creation costs are integrated into the proposal, not offered à la carte
• Content creation includes:
• Writing copy for specified pages
• Sourcing and editing stock images
• Basic search engine optimization
• Content creation does not include:
• Ongoing content updates
• Blog writing
• Video production
• Custom photography
• Client has two revision opportunities for created content
• Additional content revisions billed at current hourly rate

4.8 Copyright Protection

This subsection outlines client responsibilities regarding copyright ownership of content provided for website development, establishing legal obligations and protections related to intellectual property used in website projects.

• Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Fusion Marketing LLC for inclusion on the website are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements
• Client will hold harmless, protect, and defend Fusion Marketing LLC and its subcontractors from any liability or suit arising from the use of such elements
• Fusion Marketing reserves the right to refuse any content that may violate copyright or other laws
• Fusion Marketing is not responsible for verifying copyright ownership of client-provided materials
• Client is solely responsible for securing proper licensing for all third-party elements

4.9 Technical Compatibility

This subsection defines the browsers and devices with which developed websites will be compatible, setting clear expectations about technical compatibility and limitations to help clients understand the scope of cross-platform support.

• Websites developed to be compatible with current versions of major browsers at time of development:
• Google Chrome
• Mozilla Firefox
• Apple Safari
• Microsoft Edge
• No guarantee of compatibility with:
• Internet Explorer (any version)
• Beta or development versions of browsers
• Mobile-specific browsers (Opera Mini, UC Browser, etc.)
• Outdated browser versions (more than one year old)
• No guarantee of compatibility with any browser or device after the date of approval
• Client’s responsibility to proof the website for content, UI/UX including display on different devices
• Post-launch browser updates that affect website functionality will require maintenance services at current hourly rate

4.10 Accessibility Compliance

This subsection clarifies the default position on website accessibility compliance and the options for accessibility services, establishing responsibility for compliance and the availability of additional accessibility features.

• By default, no accessibility compliance services included
• Client is solely responsible for website accessibility compliance unless otherwise noted in writing
• When included (as noted on estimates in writing):
• Third-party provider tools used for compliance paired with current best practices
• Suggestions provided throughout the process
• Client is ultimately responsible for final website and its accessibility
• Client has final decision on updates, even if they do not follow best practices for accessibility
• Fusion Marketing does not claim to follow any specific accessibility standards (WCAG, ADA, Section 508, etc.) unless explicitly stated in contract
• Fusion Marketing can run third-party accessibility audits on client websites as a separate service when requested
• No guarantee of compliance with specific accessibility standards unless explicitly stated in contract
• Additional accessibility features or remediation available at current hourly rate
• Fusion Marketing not liable for any claims related to accessibility compliance

4.11 Technical Standards

This subsection addresses adherence to technical standards and best practices, clarifying that websites are developed according to current industry standards but may require updates over time to maintain optimal performance.

• No claims to meet any specific technical standards unless noted in writing
• Websites developed according to current industry best practices at time of development
• Client acknowledges that web standards evolve over time and websites may require updates to maintain optimal performance
• Technology changes after launch may require updates at additional cost
• Fusion Marketing not responsible for website performance on devices, browsers, or operating systems released after website completion

4.12 Website Hosting and Server Management

This subsection details the website hosting services provided by Fusion Marketing, including what is included in hosting packages, cancellation requirements, and backup procedures to provide clarity about hosting responsibilities and limitations.

• Month-to-month service with no long-term contract requirement
• Services include:
• 5-minute uptime monitoring
• Daily, weekly, monthly backups on AWS servers
• Access to cPanel
• Webmail
• Virus protection on server and through third-party monitoring
• No uptime guarantee beyond reasonable efforts to maintain service
• Clients can open web tickets; time tracked and billed at current hourly rate at end of billing cycle
• 30 calendar days or one billing cycle notice required for cancellation (whichever is less)
• Cancellation must be initiated by the client through their account on the Fusion Marketing website
• Fusion Marketing is not responsible for monitoring or notifying clients if their website is down or broken
• Client is solely responsible for maintaining their domain registration and DNS settings
• If a client’s website becomes inaccessible due to expired domains, DNS issues, or other factors outside Fusion Marketing’s control, hosting fees will continue to be charged as the service remains active
• Hosting services are for storage and serving of website files; fees apply regardless of whether the website is accessible to end users
• Bandwidth/storage limitations per the plan client signed up for
• If website is broken beyond repair and backups unavailable, Fusion not responsible for damages or losses
• Right to suspend service if site is compromised or creating security risks
• Backup services provided as courtesy but clients should maintain their own backups
• Right to suspend services for non-payment
• Not responsible for third-party services integrated with website
• Fee for website migration to another hosting provider equal to 2 months of hosting

Backup and Recovery:

• All archived data and files are stored offsite with a third-party cloud service
• Files are synced in real-time with 10-year recovery capability for deleted files
• Website backups are stored both on the server and with a third-party cloud service
• We maintain daily, weekly, and monthly backup snapshots for websites
• While Fusion Marketing implements these backup procedures, we make no guarantees regarding data recovery in the event of catastrophic failure
• Clients are encouraged to maintain their own backups of critical materials and content
• Fusion Marketing does not guarantee the retention of any records, files, communications, or other data related to client projects or accounts unless specifically noted in writing

4.13 Domain Management

This subsection clarifies Fusion Marketing’s position on domain registration and management, emphasizing that clients should own their domains and detailing the policies for cases where Fusion Marketing owns domains on behalf of clients.

• Domain registration or management not provided as a service
• Domains should always be owned by client
• At times, Fusion-owned domains provided as convenience to client
• Such domains not considered assets purchased for client unless noted in writing at time of domain purchase
• Domain transfer to client priced at current estimated value or accumulated renewal fees, whichever is greater
• Fusion Marketing will assist with DNS configuration but is not responsible for domain registration issues
• Client responsible for maintaining domain registration and payment of domain renewal fees
• Domain expiration due to client negligence not the responsibility of Fusion Marketing

4.14 Post-Launch Support

This subsection outlines the availability and scope of post-launch website support, explaining the optional support packages and how support requests are handled to help clients understand ongoing maintenance options.

• No support offered post-launch unless noted in writing
• Optional contractual administration and hosting packages available separately
• Support packages include:
• Regular updates to core software and plugins
• Security monitoring
• Performance optimization
• Content updates (number/frequency specified in contract)
• Technical support (response time specified in contract)
• Emergency support available at premium rates outside business hours
• Support requests must be submitted through designated channels (email, ticket system, etc.)
• Phone support limited to scheduled calls during business hours

4.15 E-commerce Specific Terms

This subsection provides additional terms that apply specifically to e-commerce website development, clarifying client responsibilities regarding payment processing, tax configuration, and order fulfillment to establish clear boundaries between Fusion Marketing’s services and client operational responsibilities.

• Payment processing through third-party gateways only (Stripe, PayPal, etc.)
• Client responsible for establishing merchant accounts
• Transaction fees charged by payment processors are client’s responsibility
• PCI compliance is client’s responsibility
• Product data entry is client’s responsibility unless specifically included in contract
• Tax configuration is client’s responsibility
• Shipping rule configuration is client’s responsibility
• Order fulfillment and customer service are client’s responsibility
• Fusion Marketing not liable for any financial transactions processed through the website

4.16 Website Abandonment

This subsection details the specific abandonment policies for website development projects, including reinstatement fees and consequences of client non-responsiveness to ensure clients understand the importance of timely communication throughout the development process.

• Projects inactive for 14 consecutive days due to client non-responsiveness considered abandoned
• Reinstatement fee of 10% of total project cost ($100 minimum, $500 maximum) plus full remaining balance required to resume work
• Abandoned websites provided to client in current state
• No transfers, edits, or completion work on abandoned projects unless reinstated
• Reinstatement may require updated scope and pricing if significant time has elapsed
• If project abandonment occurs after substantial completion, remaining balance still due
• Reinstatement is at the sole discretion of Fusion Marketing with no obligation to disclose reasons for disapproval

This section details Fusion Marketing LLC’s search engine optimization services, including service definitions, timelines, disclaimers regarding search engine algorithms, client responsibilities, and limitations of liability. These terms apply specifically to SEO services and should be read in conjunction with the general terms outlined in Section I.

5.1 Services Offered

This subsection provides a comprehensive overview of the SEO services available from Fusion Marketing, establishing the scope of options for clients seeking to improve their online visibility and search engine rankings.

• Google Business Profile (Maps) optimization
• Content ghostwriting for SEO
• Link building strategies
• On-page SEO implementation
• SEO audits and recommendations
• Local SEO services
• Technical SEO improvements
• Keyword research and strategy
• Competitive analysis
• Website structure optimization
• Monthly performance reporting

5.2 Service Definition and Deliverables

This subsection details the standard components and deliverables included in Fusion Marketing’s SEO services, helping clients understand what is included in their SEO package and what they can expect to receive throughout the engagement.

• Productized SEO offerings with most common solution being ghostwriting
• Keyword research based on client goals, search volume, and competitive analysis
• SEO content written for specific demographics based on their placement in the buying journey
• Full-service approach including:
• Campaign development
• Research
• Writing
• Proofreading
• Fact checking
• Sourcing stock images
• Posting content on client website/blog
• Performance tracking using third-party platforms for measuring success
• Monthly performance reports provided to clients including:
• Keyword ranking changes
• Organic traffic data
• Engagement metrics
• Conversion tracking (when applicable)
• Recommendations for ongoing optimization
• Deliverables specified in writing in the service agreement or estimate

5.3 Timeline and Expectations

This subsection outlines the typical timeframes for seeing results from SEO efforts and the factors that may influence these timelines, establishing realistic expectations about the SEO process and helping clients understand the long-term nature of SEO success.

• Results typically begin appearing within 3-6 months
• Timeline varies based on:
• Industry competitiveness
• Geographic location
• Existing website authority
• Content frequency
• Technical website health
• Aggressiveness of client campaign
• SEO is a long-term marketing strategy requiring consistent implementation
• Initial improvements may be visible within a few months
• Sustainable SEO success typically develops over 6-12 months of consistent implementation
• Regular reporting provided to track progress
• No guarantee of specific rankings, traffic increases, or particular placement in search engine results
• Progress may be non-linear with fluctuations in rankings throughout the optimization process

5.4 Search Engine Algorithm Disclaimers

This subsection addresses the ever-changing nature of search engine algorithms and how these changes may impact SEO performance, setting clear expectations about the inherent uncertainties in SEO and the limitations on guaranteeing specific outcomes.

• Search engines may change algorithms without notice, affecting website visibility and rankings
• While industry best practices are implemented based on current knowledge, no guarantees regarding specific outcomes of SEO services
• Past performance not indicative of future results
• Timeline expectations for SEO improvements considered estimates rather than guarantees
• Fusion Marketing stays informed of industry changes but cannot predict or control search engine algorithm updates
• Strategy adjustments may be necessary in response to algorithm changes at additional cost
• Fusion Marketing implements white-hat SEO techniques that comply with search engine guidelines
• Client acknowledges that search engine optimization is an ongoing process requiring adaptation to evolving best practices

5.5 Ranking and Results Disclaimers

This subsection clarifies the limitations on guaranteeing specific SEO outcomes and the various factors that can influence search rankings, providing transparency about what clients can realistically expect from SEO services.

• No guarantees of specific search engine rankings, traffic volume, lead generation, or revenue increases
• Numerous factors outside Fusion Marketing’s control influence search engine rankings, including:
• Competitor activities
• Search engine algorithm changes
• User behavior
• Website technical performance
• Industry trends
• Seasonal variations
• Estimates of potential traffic increases or timeline projections provided as good-faith estimates based on past experience, not as guarantees
• Client acknowledges that SEO results can vary significantly across different industries, locations, and keywords
• Rankings may fluctuate during the optimization process
• Different search engines and devices may show different results
• Personalized search results mean rankings may appear differently to different users

5.6 Google Penalties and Indexing Issues

This subsection addresses the risks of search engine penalties and indexing issues, clarifying Fusion Marketing’s approach to avoiding penalties and establishing responsibility for addressing any issues that may arise.

• Not responsible for penalties, manual actions, or indexing issues due to:
• Previous SEO work performed before engagement
• Client actions taken against recommendations
• Technical website issues outside scope of SEO services
• Changes to Google’s policies or algorithms
• White-hat SEO practices implemented to comply with search engine guidelines
• No guarantee against algorithm updates that may negatively impact previously effective strategies
• If penalties occur, Fusion Marketing will work to identify potential causes and recommend remediation steps (may incur additional fees)
• Recovery from penalties or manual actions not guaranteed and typically requires additional services
• Pre-existing penalties or manual actions should be disclosed by client before engagement

5.7 Client Requirements

This subsection outlines the information, access, and cooperation that clients must provide to enable effective SEO services, clarifying client responsibilities and the potential impact of not fulfilling these requirements.

• Participation in discovery meeting and onboarding interview
• Provision of target keywords and business goals
• Publishing access to website CMS for content implementation
• Administrator access to Google Business Profile
• Access to Google Analytics, Google Search Console, and other relevant platforms
• Any existing SEO reports or audit information
• Login credentials for relevant platforms if technical SEO work is included
• Timely responses to questions about industry-specific information
• Brand guidelines and approval processes for content creation
• Failure to provide necessary access or information may delay implementation and impact results
• Client responsible for maintaining ownership and control of all accounts and platforms
• Client responsible for timely review of content and implementation recommendations

5.8 Client Modifications to SEO Work

This subsection addresses the potential impact of client modifications to implemented SEO work, establishing clear expectations about client responsibilities when making changes and the possible consequences for SEO performance.

• Client modifications to implemented SEO work may impact effectiveness
• Fusion Marketing not responsible for diminished results due to client modifications
• Additional assessment for significant or recurring modifications may be billed at hourly rates
• While reasonable change requests accommodated, substantial revisions may require strategy reevaluation
• Repeated modifications may lead to service termination
• Client should consult with Fusion Marketing before making changes to SEO-optimized content
• Unauthorized modifications to meta tags, content structure, URL structure, or other SEO elements may negatively impact performance

5.9 Client-Initiated Website Changes

This subsection outlines the process for handling client-initiated website changes that may impact SEO performance, setting clear expectations about communication requirements and the potential costs associated with addressing negative impacts.

• Consultation provided on potential SEO impacts when notified in advance
• Recommendations for implementation approaches that preserve SEO value
• Assessment of impacts during regular reporting cycles
• Additional work to mitigate negative impacts billed at current hourly rate
• Significant website changes may require revision of SEO strategy and timelines
• Not responsible for negative impacts from changes implemented without consultation or contrary to recommendations
• Website migrations, redesigns, or platform changes require separate scope and estimate
• Client should notify Fusion Marketing at least 30 days before planned major website changes

5.10 Payment Terms

This subsection details the payment structure and cancellation requirements specific to SEO services, helping clients understand their financial obligations and the process for modifying or terminating services.

• Prepayment required on a monthly recurring subscription basis
• Cancellation requires written notice of one billing cycle or 30 days, whichever is greater
• No refunds for partial months or services already rendered
• Service suspension may result from failure to provide timely payment
• Recurring payment method required for ongoing SEO services
• Late payments may result in paused services without relieving payment obligation
• Resumption of services after payment pause may require updated strategy
• Pricing adjustments may occur with 30 days notice

5.11 Liability Limitations

This subsection clarifies the limitations on Fusion Marketing’s liability for SEO outcomes, establishing clear boundaries on responsibility and available remedies to protect both parties in the SEO relationship.

• Services provided on “as is” basis without warranties of any kind
• Not liable for any direct, indirect, incidental, special, consequential, or exemplary damages
• Not responsible for accuracy, completeness, or timeliness of published information
• Maximum liability limited to amount paid for most recent month of service
• No refunds for dissatisfaction with results
• Not responsible for client’s compliance with industry regulations or legal requirements
• Client responsible for reviewing all content for accuracy before publication
• Search engines are third-party services outside Fusion Marketing’s control

5.12 Reporting and Communication

This subsection outlines the standard reporting frequency, delivery methods, and communication expectations for SEO services, establishing clear expectations about how performance will be measured and communicated.

• Standard reporting frequency: monthly
• Reports delivered electronically via email or client portal
• Quarterly strategy reviews included with ongoing services upon request
• Additional reporting or meetings available at additional cost
• Client responsible for reviewing reports within 7 days
• Questions or concerns about reports must be communicated within 7 days
• Emergency communication available during business hours only
• Primary communication method: email
• Response time: within 48 business hours
• Projects without client communication for 14 consecutive days may be deprioritized

5.13 Third-Party Tools and Services

This subsection addresses Fusion Marketing’s use of third-party tools and services in delivering SEO services, clarifying the terms, limitations, and client responsibilities associated with these tools.

• Fusion Marketing may utilize third-party tools and services to deliver SEO services
• Client agrees to the terms of service for all third-party tools used
• Data collected and stored in third-party platforms subject to their privacy policies
• No guarantee of continued availability of third-party tools
• Discontinuation of critical third-party tools may require strategy adjustments
• Fusion Marketing not responsible for data breaches or service interruptions of third-party platforms
• Additional costs from third-party tools passed to client with notification

This section outlines Fusion Marketing LLC’s marketing research and consultation services, including service structures, deliverables, methodologies, intellectual property rights, and limitations. These terms establish clear expectations regarding the advisory nature of consultation services, client responsibilities, and the boundaries of service provision. All clients engaging Fusion Marketing for research or consultation services should review these terms carefully in conjunction with the general terms in Section I.

6.1 Services Offered

This subsection provides an overview of the marketing research and consultation services available from Fusion Marketing, establishing the scope of advisory options for clients seeking strategic marketing guidance.

• Case-by-case marketing research and strategic consultation
• One-time or recurring consultation sessions
• Fractional CMO (Chief Marketing Officer) services
• Question and answer sessions
• Strategic planning and recommendations
• Brand identity development
• Market analysis and competitive research
• Customer persona development
• Marketing channel evaluation
• Marketing budget allocation guidance
• Performance metric development
• Marketing technology stack recommendations

6.2 Service Structure

This subsection details the different formats and structures available for consultation services, including session types, frequency options, and scheduling policies to help clients understand how these services are delivered.

• Digital consultations (virtual meetings)
• In-person consultations (available within service area with potential travel fees)
• Available formats:
• One-off sessions
• Recurring engagements (weekly, bi-weekly, monthly)
• Intensive planning sessions (half-day or full-day)
• No formal framework used for consultations unless specifically requested
• Written recommendations provided after meetings as standard practice
• Goals and objectives established for recurring engagements
• Meeting frequency and duration defined in service agreement
• Scheduling subject to availability with minimum 48-hour notice for standard meetings
• Cancellation policy: 24-hour notice required to avoid full session charge

6.3 Deliverables

This subsection outlines the standard outputs and deliverables clients can expect from consultation services, including documentation, recommendations, and timing expectations to establish clear expectations about what clients will receive.

• Answers to marketing and strategic questions
• Resource recommendations and clarification
• Step-by-step recommendations for strategic initiatives
• Phased planning for marketing implementation
• Written meeting summaries including:
• Key discussion points
• Action items and recommendations
• Resource links and references
• Next steps and timelines
• For fractional CMO services:
• Monthly strategy meetings
• Participation in company-wide meetings
• Project oversight/management
• Marketing team guidance
• Performance analysis and reporting
• Strategic documentation development
• Deliverables timeline: Meeting summaries and recommendations provided within 3 business days of consultation
• Deliverable format: Digital documents (PDF, Word, PowerPoint, etc.) delivered via email or secure sharing platform

6.4 Fractional CMO Model

This subsection provides detailed information about Fusion Marketing’s Fractional CMO services, including scope, limitations, and engagement structure to help clients understand this specialized service offering.

• Service overview: Part-time executive marketing leadership
• Engagement structure:
• Defined monthly hour allocation
• Regular strategy meetings
• Participation in company-wide meetings
• Project oversight and management
• Marketing team leadership and guidance
• Performance tracking and analysis
• Does not include:
• Implementation or execution of recommended strategies
• Day-to-day marketing operations
• Content creation or design work
• Direct management of marketing staff
• Software/platform account management
• Deliverables defined by website subscription plan or custom service agreement
• Minimum engagement: 3-month commitment recommended for meaningful impact
• Scope limitations: Clear boundaries established between strategic guidance and implementation services
• Team interface: Guidelines provided for effective collaboration with fractional CMO

6.5 Payment and Billing

This subsection details the billing structure for consultation services, including rates, payment terms, and expense policies to provide clarity about financial aspects of these services.

• Standard consultation services billed at current hourly rate
• Fractional CMO services structured as flat-rate retainers with defined deliverables
• Additional work beyond retainer scope available at current hourly rate
• Subscription plans include time caps as defined in the subscription
• Time overages billed automatically to card on file
• Payment terms: Prepayment required for one-time consultations
• Recurring services: Billed at the beginning of each service period
• Expense reimbursement: Travel and direct expenses passed through at cost
• Late payment: Service suspension after 5 business days past due
• Billing increments: 30-minute minimum, then 15-minute increments
• Rate changes: 30-day notice provided for any rate adjustments

6.6 Methodology

This subsection explains Fusion Marketing’s research and consultation methodologies, including the approach to data analysis and adaptation to client contexts to help clients understand how recommendations are developed.

• Experience-based approach leveraging extensive industry knowledge
• Research methodologies may include:
• Competitor analysis
• Market trend evaluation
• Consumer behavior assessment
• Performance data analysis
• Industry benchmark comparison
• May include research and sourcing of third parties
• Oversight of third-party work when applicable
• Client may engage Fusion for additional implementation services
• Recommendations based on current industry best practices and data-driven insights
• Adaptation to client-specific contexts and business objectives
• Transparent disclosure of limitations and assumptions

6.7 Confidentiality

This subsection addresses confidentiality protections for information shared during consultation engagements, establishing expectations about information security and the duration of confidentiality obligations.

• No specific confidentiality provisions unless noted in writing for a particular project
• Standard confidentiality covers:
• Client business information
• Strategic plans
• Financial data
• Proprietary methodologies
• Competitive intelligence
• Custom NDAs available upon request prior to engagement
• Information sharing limited to Fusion Marketing team members involved in service delivery
• Third-party disclosure only with explicit client permission
• Post-engagement confidentiality maintained for 2 years after service conclusion

6.8 Data Usage Rights

This subsection clarifies how Fusion Marketing may use insights and anonymized data from consultation engagements, balancing client confidentiality with Fusion Marketing’s rights to leverage general knowledge gained.

• Fusion Marketing may use general knowledge, skills, experience, ideas, concepts, know-how, and techniques acquired during the performance of marketing research and consultation services for marketing, advertising, and portfolio purposes
• Fusion Marketing reserves the right to compile anonymized data, insights, trends, and aggregated findings from client engagements
• Anonymized compilations may be used for:
• Case studies
• Marketing materials
• Industry presentations
• Service improvement
• Educational content development
• No client-specific strategies, proprietary methodologies, or confidential business information will be disclosed without explicit written permission
• Client reference rights: Fusion Marketing may list client as a reference unless specifically prohibited in writing
• Portfolio inclusion: General description of services provided may be included in service portfolios without disclosing confidential details

6.9 Client Responsibilities

This subsection outlines the responsibilities clients must fulfill to enable effective consultation services, including information sharing, timely communication, and implementation decisions to establish clear expectations about the client’s role.

• Providing accurate information necessary for effective consultation
• Timely communication and response to questions
• Making key stakeholders available for discussions when required
• Reviewing and providing feedback on recommendations within specified timeframes
• Implementing recommendations at client’s discretion and responsibility
• Disclosing relevant business information that may impact marketing strategy
• Maintaining ownership of accounts and platforms discussed during consultation
• Setting realistic expectations for marketing outcomes
• Providing access to relevant data and platforms when necessary for analysis

6.10 Service Limitations

This subsection clarifies the boundaries and limitations of consultation services, emphasizing their advisory nature and the client’s responsibility for implementation and outcomes to set realistic expectations about service scope.

• Consultation is advisory only; implementation remains client’s responsibility
• No guarantees of specific business outcomes or marketing results
• Recommendations based on information provided by client and publicly available data
• Legal compliance with marketing regulations remains client’s responsibility
• Technical implementation of recommendations not included unless specifically contracted
• Industry expertise varies by sector; limitations will be disclosed
• Research scope limited to agreed-upon parameters
• No responsibility for outcomes of implemented recommendations
• Service does not include legal, financial, or technical advice

6.11 Intellectual Property

This subsection addresses intellectual property rights related to consultation deliverables, clarifying ownership of recommendations, methodologies, and materials to prevent misunderstandings about usage rights.

• Recommendations and strategies developed during consultation:
• Become client’s property upon full payment
• May be implemented at client’s discretion
• Cannot be resold or distributed by client
• Methodologies and frameworks remain property of Fusion Marketing
• Pre-existing materials remain property of their respective owners
• Client materials and information remain property of client
• Joint development addressed in project-specific agreements when applicable

6.12 Termination

This subsection details the termination process for consultation services, including notice periods, early termination fees, and post-termination support options to establish clear expectations about ending service relationships.

• One-time consultations: Complete upon delivery of final recommendations
• Recurring engagements: 30-day written notice required for termination
• Fractional CMO services: Minimum commitment period as specified in agreement
• Early termination fee: 50% of remaining contract value for premature termination
• Post-termination support: Available at standard hourly rates
• Final deliverables: Provided upon full payment of any outstanding balances
• Transition assistance: Available for 30 days after termination at standard rates

This section outlines Fusion Marketing LLC’s policies regarding payment structures, billing procedures, refunds, cancellations, and related financial matters. These terms establish clear expectations for payment responsibilities, timeframes, acceptable payment methods, and consequences for late or missed payments. All clients should thoroughly review these terms as they apply to all services provided by Fusion Marketing LLC.

7.1 Pricing Structure

This subsection details how Fusion Marketing establishes pricing for various services, including the validity period of estimates, availability of volume discounts, and the relationship between ownership and payment status to ensure clients understand how services are priced.

• Pricing defined on a project-by-project basis
• All terms clearly defined in written estimates
• Website recurring subscriptions have defined billing terms
• Fusion Marketing retains full ownership of everything created until paid in full
• All prices quoted in US Dollars unless otherwise specified
• Estimates valid for 30 days unless otherwise specified
• Custom pricing available for high-volume or ongoing client relationships
• Volume discounts may apply for large orders or multi-project engagements
• Package pricing may differ from à la carte service pricing

7.2 Payment Changes

This subsection explains how and when pricing may change for ongoing services and future projects, including notification periods for price adjustments and the validity timeframe for quotes, to help clients understand when and how pricing may be modified.

• Subscription pricing changes communicated with at least one billing cycle notice
• Project-based estimates valid for 30 days unless otherwise specified
• Fusion Marketing reserves the right to adjust pricing for future projects to reflect current market rates
• Historic pricing agreements do not guarantee future pricing
• Quotes and estimates specific to scope defined at time of issuance; scope changes may result in pricing adjustments
• Price adjustments for in-progress work require client approval before implementation
• Annual pricing reviews conducted for ongoing client relationships
• Inflation adjustments may be applied to long-term service agreements

7.3 Long-Term Project Price Adjustments

This subsection addresses the specific circumstances and processes for price adjustments in projects extending beyond 90 days, setting clear expectations about potential cost changes for extended engagements and the client’s options when adjustments occur.

• For projects extending beyond 90 days, Fusion Marketing reserves the right to adjust pricing to reflect changes in market conditions, resource costs, or project scope
• Price adjustments will be communicated with minimum 15 days notice before implementation
• If material costs, third-party services, or operational expenses increase by more than 5% during a long-term project, corresponding adjustments may be applied to remaining project fees
• Client will have option to approve adjusted pricing or terminate project, with payment due for all work completed prior to termination
• Project delays caused by client may result in price adjustments if they extend timeline beyond 90 days
• Rush fees may apply for compression of timeline due to client-caused delays
• Significant scope changes will require new estimates regardless of timeline

7.4 Payment Methods

This subsection lists the acceptable payment methods for Fusion Marketing’s services, providing clients with clear information about their payment options and any associated conditions or limitations.

• Commercial checks
• Cash
• All major credit cards (Visa, MasterCard, American Express, Discover)
• ACH bank transfers
• Wire transfers (international transfers may incur additional fees)
• Online payment systems (specified in invoice)
• Payment plans available for qualifying projects
• Cryptocurrency not accepted at this time

7.5 Payment Terms

This subsection outlines the standard payment schedules and deposit requirements for different types of services, establishing clear expectations about when payments are due and how they relate to project progression and delivery.

• Payment for any creative work required upfront unless otherwise notated in writing
• Deposits:
• Print projects under $1,000: 100% upfront
• Print projects over $1,000: 50% deposit, balance before production
• Website development: Payment terms defined on individual project estimates (typically 50% deposit, balance net 30)
• E-commerce projects: Payment terms defined on individual project estimates (typically 50% deposit, balance net 30)
• Custom artwork: 100% upfront
• Marketing consultation: 100% upfront for single sessions; monthly in advance for retainers
• SEO services: Monthly in advance
• All projects have terms defined on the estimates that may supersede these general guidelines
• Payment schedules determined on case-by-case basis and specified in written estimates
• Milestone-based payments for larger projects defined in writing on the estimate
• Recurring services billed automatically at the beginning of each billing cycle
• Invoice payment due upon receipt unless otherwise specified
• Production or service delivery will not begin until required payments are received

7.6 Late Payment Policies

This subsection details the consequences of late payments, including fees, interest charges, and service suspension policies, to ensure clients understand the importance of timely payment and the potential costs of delayed payment.

• Late fee of 10% of total amount assessed 7 days after payment due date
• Compounding interest of 10% annually (0.83% monthly) on unpaid balances starting 30 days after invoice date
• Work may be suspended after 7 days of non-payment
• Suspension does not constitute cancellation unless notified in writing
• During suspension, client remains responsible for all fees and charges accrued prior to suspension
• Suspension does not entitle client to extensions of previously agreed-upon deadlines or timelines
• Reinstatement of suspended services requires payment of all outstanding balances plus applicable late fees
• Multiple late payments may result in modified payment terms for future projects
• $25 fee for returned checks or failed automatic payments
• Client responsible for any collection costs incurred by Fusion Marketing

7.7 Collection Procedures

This subsection outlines the procedures Fusion Marketing may undertake to collect unpaid balances, including legal actions and associated costs, to provide clarity about the potential consequences of non-payment and the client’s financial responsibility during collection processes.

• Rights to pursue all legal remedies to collect outstanding balances
• May send accounts to third-party collection agencies 30 days after payment due date
• May file claims in small claims court for amounts within jurisdictional limits
• May initiate formal legal proceedings for larger amounts
• May report delinquent accounts to credit bureaus where permitted by law
• Client agrees to pay all costs incurred in collecting unpaid amounts, including court costs, filing fees, attorney’s fees, collection agency fees, and any other associated costs
• Collection costs will be added to client’s outstanding balance
• Fusion Marketing may offer payment plans or settlements for delinquent accounts at its discretion
• Settlement offers do not constitute admission of any wrongdoing or service deficiency
• Litigation venue will be Macomb County, Michigan

7.8 Refund Policy

This subsection clarifies Fusion Marketing’s refund policies, including the issuance of account credits instead of monetary refunds and the conditions under which credits may be issued, to establish clear expectations about refund availability and limitations.

• No refunds issued; account credit only, except in specific cases of intellectual property infringement as described in Section 10.5
• Credits only issued for work that has not been completed
• Credits valid for 12 months from issue date
• Credits only issued for work that has not been completed
• Credits valid for 12 months from issue date
• No refunds or credits on customized tangible objects
• No refunds or credits on creative work or strategy that has been completed
• Printing costs only refundable if printing errors are determined to be Fusion Marketing’s fault
• No liability for damages due to incorrect specifications from client or if client supplies wrong files to printer
• Design fees non-refundable once work has commenced
• All payments made are essentially for labor hours, not the actual design files
• Subscription services may be canceled with required notice but no refunds issued for unused portions
• Disputes must be raised within 7 days of delivery or service completion
• Credits are non-transferable and have no cash value

7.9 Cancellation Policy

This subsection details the policies and fees associated with project cancellations at various stages of completion, helping clients understand the financial implications of canceling services and the differences in cancellation terms across service types.

• Projects canceled before work has started will be applied as an account credit
• Artwork:
• Before work has started will be applied as a credit
• After first proof is provided no refunds will be made (services are based on time, not deliverables)
• Cancellation fee: 25% of project total for cancellation after project start but before first proof
• Web design:
• Before work has started will be applied as a credit
• After first proof is provided no refunds will be made
• Cancellation fee: 25% of total project cost plus hourly rate for all work completed
• Printing:
• No refunds or credits after artwork approval
• Cancellation before production: Credit minus design fees and 10% administrative fee
• Cancellation during production: No refunds or credits possible
• Reorders and client-supplied artwork not requiring art proofs are moved directly into production after acceptance of project
• Custom printed items have no resale value due to the nature of the industry
• Recurring services require notice as specified in service agreement (typically 30 days)
• Client responsible for all costs incurred up to cancellation date

7.10 Taxes and Fees

This subsection addresses the application of taxes and additional fees that may apply to invoices, establishing client responsibility for tax payments and clarifying how third-party fees are handled to ensure transparent billing practices.

• All applicable taxes will be added to invoices as required by law
• Client responsible for all taxes, duties, and fees required by their jurisdiction
• Tax exemption requires submission of valid tax exemption certificate prior to invoicing
• Third-party fees (domain registration, stock photography, fonts, plugins, etc.) passed through to client
• Shipping and handling fees additional unless explicitly included in estimate
• Rush fees for expedited services as specified in project estimate
• International transactions may incur currency conversion fees
• Wire transfer fees responsibility of the client

7.11 Disputes and Chargebacks

This subsection outlines the procedures for addressing billing disputes and the consequences of credit card chargebacks, including associated fees and service impacts, to establish clear expectations about the dispute resolution process and potential costs.

• Billing disputes must be submitted in writing within 7 days of invoice receipt
• Disputes must include invoice number, specific concerns, and requested resolution
• Undisputed portions of invoices remain due according to original payment terms
• Fusion Marketing will respond to disputes within 5 business days
• Credit card chargebacks will incur a $50 administrative fee if found unwarranted
• Chargeback disputes will include cessation of all services and revocation of usage rights
• Services will not resume until chargeback is reversed and all fees are paid
• Repeated unwarranted disputes may result in termination of client relationship
• Fusion Marketing reserves the right to pursue legal action for fraudulent chargebacks

7.12 Subscription Services and Recurring Billing

This subsection details the specific terms applicable to subscription-based services, including billing frequency, cancellation requirements, and policies for failed payments, to provide clear guidance on managing recurring service relationships.

• Billing frequency as specified in service agreement (monthly, quarterly, annually)
• Payment method on file will be automatically charged on the billing date
• Client responsible for maintaining current payment information
• Failed payments will result in:
• Immediate notification via email
• 5-day grace period to update payment information
• $25 fee for failed payment processing
• Service suspension if payment not received within grace period
• Subscription cancellation requirements:
• All subscription cancellations must be initiated by the client through their account on the Fusion Marketing website
• Phone or email requests for cancellation will not be processed
• Cancellation request must be submitted through the designated cancellation form in client’s account
• Minimum 30 calendar days or one billing cycle notice required for all subscription cancellations (whichever is less)
• Cancellation becomes effective at the end of the current billing cycle
• No prorated refunds for mid-cycle cancellations
• Client retains access to services until the end of the paid period
• Services continue until properly cancelled through website; non-use of services does not constitute cancellation
• Client is responsible for all charges until proper cancellation is completed
• Fusion Marketing is not responsible for notifying clients of service non-use or suggesting cancellation
• Monthly fees continue regardless of whether client actively uses the service
• Discontinued services may be reactivated within 60 days of cancellation without setup fees
• Reactivation after 60 days requires new setup and may be subject to current rates
• Rate changes for subscription services communicated with 30 days notice
• Subscription terms subject to annual review and adjustment

This section outlines the intellectual property rights and ownership structure related to all work created by Fusion Marketing LLC. It establishes clear guidelines regarding copyright ownership, license scope, third-party elements, portfolio usage, and client responsibilities. These terms are designed to protect both Fusion Marketing’s creative assets and the client’s usage rights while preventing misunderstandings about intellectual property ownership and permitted use.

8.1 Ownership and Rights Transfer

This subsection clarifies when and how intellectual property rights are transferred from Fusion Marketing to the client, establishing the relationship between payment completion and the granting of usage rights.

• Fusion Marketing retains full ownership of all intellectual property, deliverables, artwork, designs, content, and other materials created during the course of service until payment is received in full
• Upon final payment and project completion, specific usage rights or ownership transfers as defined in the project estimate will become effective
• Incomplete payment will result in retention of all ownership rights by Fusion Marketing
• No rights or licenses are granted until full payment is received
• Client may not use any deliverables, including drafts or concepts, until payment is complete
• Unauthorized use of intellectual property before full payment constitutes copyright infringement

8.2 Default Ownership Structure

This subsection outlines the standard intellectual property ownership arrangements for different types of creative work, helping clients understand the default rights they receive upon project completion and payment.

• For custom artwork created by Fusion Marketing:
• Fusion Marketing retains copyright ownership
• Clients receive an exclusive, perpetual license for personal and commercial use of the final approved design
• No additional fees for standard usage
• License is non-transferable without written permission
• Modifications to licensed artwork must maintain design integrity
• For work incorporating stock assets or third-party elements:
• Clients receive rights to the final composition, not individual elements
• Certain elements remain subject to third-party licensing
• Third-party licensing terms may limit usage in ways not controlled by Fusion Marketing
• Client may need to purchase separate licenses for expanded use of third-party elements
• For logo design and brand identity:
• Default position is that Fusion Marketing retains copyright while granting clients an exclusive license
• Full copyright transfer available as a premium option at higher pricing
• Terms may be modified through additional riders in specific contracts
• Standard license includes usage for all standard business applications

8.3 License Scope and Limitations

This subsection details the standard parameters of usage licenses granted to clients, including permitted uses and important limitations to help clients understand how they can and cannot use the deliverables.

• Standard license grants client non-exclusive, non-transferable rights to use deliverables for intended purpose
• License limited to client’s own business purposes unless otherwise specified
• License does not include:
• Right to modify deliverables without permission
• Right to create derivative works
• Right to sublicense to third parties
• Right to transfer or sell license
• Right to register deliverables as trademarks without prior agreement
• Geographic limitations may apply as specified in contract
• Usage limitations based on media type or distribution channel may apply
• Duration of license as specified in contract (perpetual by default)
• Revocation of license possible for material breach of terms

8.4 Retained Rights After Transfer

This subsection outlines the rights that Fusion Marketing retains even after granting usage rights to clients, clarifying the company’s ongoing portfolio, marketing, and educational usage rights.

• Right to use anything created in Fusion Marketing’s portfolio, marketing materials, social media, and advertising
• Right to display work in competitions, exhibitions, personal promotions, and educational settings
• Right to describe work in articles, interviews, and presentations
• No rights transfer until both project completion and payment in full
• Fusion Marketing retains right to techniques, ideas, concepts, and methods used in creating deliverables
• Recognition rights (attribution) as specified in contract

8.5 Third-Party Elements

This subsection addresses the special considerations that apply when third-party assets are incorporated into client deliverables, explaining licensing implications and client responsibilities regarding these elements.

• Projects may incorporate third-party licensed elements (stock photos, fonts, etc.)
• Fusion Marketing adheres to the license terms of all third-party providers
• Clients are informed that certain elements may require separate licensing if they wish to modify the deliverables themselves
• Fusion Marketing only transfers rights to the final composition, not to individual third-party elements
• Clients cannot extract or separately use third-party elements outside the delivered project
• Additional licensing fees may apply for expanded use of third-party elements
• Fusion Marketing will provide information about third-party licensing upon request
• Client responsible for compliance with third-party licensing terms after delivery

8.6 Portfolio and Publicity Rights

This subsection clarifies Fusion Marketing’s rights to showcase completed work in its portfolio and promotional materials, establishing the scope and nature of these publicity rights.

• Fusion Marketing retains the right to use and display completed work in its portfolio, website, marketing materials, social media accounts, advertisements, presentations, and compilations of work
• This permission extends to both physical and digital representations of the work
• Fusion Marketing will use reasonable efforts to credit the Client when displaying the work but is not required to do so
• This right is perpetual and does not require additional permission or compensation
• Fusion Marketing has the right to publicize client relationships unless otherwise noted
• Client may request temporary embargo on publicity for unreleased products or campaigns
• Fusion Marketing may describe the nature of services provided to the client in promotional materials
• Fusion Marketing may include client’s name and logo in client lists

8.7 Exceptions to Portfolio Usage

This subsection outlines the special circumstances in which Fusion Marketing’s portfolio usage rights may be limited, explaining how clients can request confidentiality and the potential cost implications of such requests.

• Highly sensitive projects (financial, healthcare, etc.) where client confidentiality is paramount
• Projects that involve unreleased products or services (to avoid accidental disclosure)
• Projects explicitly requested by the client in writing prior to project commencement to be kept confidential
• Confidential client projects will not be included in public portfolio
• NDA-covered projects subject to terms of confidentiality agreement
• Client must request confidentiality in writing before project commencement
• Additional fees may apply for projects with portfolio usage restrictions

8.8 Client Content and Materials

This subsection addresses ownership and usage rights for materials provided by clients for incorporation into projects, clarifying client responsibilities regarding these materials and Fusion Marketing’s limited rights to use them.

• Client retains ownership of all content and materials provided to Fusion Marketing
• Client guarantees they have all necessary rights to materials provided
• Client grants Fusion Marketing license to use provided materials for project purposes
• Fusion Marketing may modify client materials as needed for project implementation
• Upon project completion, Fusion Marketing will cease use of client materials except as permitted for portfolio purposes
• Client responsible for accuracy and legality of all provided content
• Client indemnifies Fusion Marketing against claims related to client-provided materials

8.9 Copyright Infringement

This subsection establishes policies regarding copyright infringement, outlining prohibited behaviors, reporting mechanisms, and potential consequences to protect intellectual property rights for both parties.

• Client agrees not to use deliverables in any way that infringes on intellectual property rights
• Client agrees not to remove or alter any copyright notices on deliverables
• Client will promptly notify Fusion Marketing of any known or suspected infringement
• Fusion Marketing reserves the right to pursue legal action against unauthorized use
• Liquidated damages of three times the original project fee for unauthorized use
• Client responsible for legal fees incurred in enforcing intellectual property rights
• Fusion Marketing may suspend or terminate licenses for material breach

8.10 Creative Commons and Open Source

This subsection addresses the potential use of open-source elements in projects and the circumstances under which Fusion Marketing might use Creative Commons licensing, ensuring clarity about these special licensing arrangements.

• Fusion Marketing may use open-source elements in projects when appropriate
• All open-source elements will comply with their respective licenses
• Client informed of any open-source components with special licensing requirements
• Some deliverables may be released under Creative Commons licenses if specified in contract
• Creative Commons licensing terms explicitly stated when applicable
• Client may request non-inclusion of open-source elements (may affect pricing)

8.11 Work-for-Hire Provisions

This subsection clarifies Fusion Marketing’s standard position regarding work-for-hire arrangements, explaining when such arrangements may be available and the associated cost implications to set appropriate expectations about copyright ownership options.

• By default, Fusion Marketing work is not considered “work-for-hire” under copyright law
• Explicit work-for-hire arrangements available with appropriate compensation
• Work-for-hire status must be specified in writing before project commencement
• Work-for-hire arrangements include premium pricing (typically 100% increase)
• Limited categories of work eligible for work-for-hire status under copyright law
• Full assignment of rights available as alternative to work-for-hire
• Work-for-hire status does not affect portfolio usage rights unless explicitly stated

This section outlines Fusion Marketing LLC’s policies regarding confidentiality, data protection, and privacy. It establishes expectations for how client information is handled, protected, and potentially used throughout the business relationship. These terms define what information is considered confidential, the duration of confidentiality obligations, exceptions to confidentiality, and data security measures implemented by Fusion Marketing. All clients should review these provisions carefully to understand how their sensitive information will be managed.

9.1 Client Confidentiality

This subsection defines what client information is considered confidential, the duration of confidentiality protection, and Fusion Marketing’s record retention policies to establish clear boundaries around information security.

• Confidential Information: Fusion Marketing considers the following client information confidential:
• Client business plans and strategies
• Marketing objectives and budgets
• Customer databases and lists
• Pricing information and project costs
• Website login credentials
• Performance metrics and analytics
• Campaign results and proprietary methodologies
• Product development information
• Unreleased marketing materials
• Financial information
• Personnel information
• Duration of Confidentiality:
• 2 years for general marketing strategies and campaign data
• 3-5 years for client lists and proprietary methodologies
• Permanent protection for trade secrets and highly sensitive client information
• Custom durations as specified in project-specific agreements
• Record Retention:
• Fusion Marketing does not guarantee the retention of any records, files, communications, or other data related to client projects or accounts unless specifically noted in writing as part of the service agreement
• Clients are solely responsible for maintaining their own copies of all deliverables, communications, and other important records
• While Fusion Marketing may maintain certain records for internal purposes, these retention practices create no obligation to clients and may be modified or discontinued at any time without notice

9.2 Exceptions to Confidentiality

This subsection outlines circumstances in which confidentiality obligations do not apply, clarifying the limitations of confidentiality protection and helping clients understand when information may not be protected.

The confidentiality obligations do not apply to information that:

• Is or becomes publicly known through no fault of Fusion Marketing
• Was known by Fusion Marketing before receiving it from the client
• Is required to be disclosed by law, regulation, or court order
• Is independently created or discovered without using client confidential information
• Is received from a third party who had the legal right to disclose it
• Is disclosed with prior written consent of the client
• Is generalized industry knowledge not specific to the client
• Is observable by the general public

9.3 Legal Disclosure Requirements

This subsection addresses the procedures Fusion Marketing will follow if legally compelled to disclose confidential information, explaining the steps taken to protect client information even when disclosure is legally required.

• If legally compelled to disclose confidential information, Fusion Marketing will:
• Provide prompt written notice to client when legally permissible
• Limit disclosure to required information only
• Cooperate with client’s efforts to obtain protective order or confidential treatment
• Use reasonable efforts to maintain confidentiality of undisclosed portions
• Client responsible for costs associated with legal challenges to disclosure requests
• Fusion Marketing not liable for disclosures made in good faith compliance with legal requirements

9.4 Research and Educational Information

This subsection clarifies how Fusion Marketing may use anonymized client information for research, educational, or business improvement purposes, establishing boundaries around the use of client data beyond direct service provision.

• Fusion Marketing retains the right to use general knowledge, skills, experience, ideas, concepts, know-how, and techniques acquired during the performance of services, including those acquired through research and continued education
• Fusion Marketing may anonymize client data and share it in a way that cannot be traced back to the client
• Fusion Marketing retains rights to use aggregated findings, trends, and insights from research to improve services, advance industry knowledge, and for educational purposes
• Fusion Marketing reserves the right to compile anonymized data into case studies or educational materials with all identifying information removed
• Fusion Marketing retains ownership of methodologies, frameworks, or processes developed or refined during research activities
• Client may request review of anonymized case studies before publication

9.5 Data Security Measures

This subsection outlines the security protocols Fusion Marketing implements to protect client data, establishing the company’s commitment to data protection and the specific measures in place to safeguard sensitive information.

• Client data is stored on secure servers with industry-standard encryption
• Access to client information is limited to employees with a legitimate business need
• Regular security audits and updates are performed to maintain data protection
• All employees are trained on data security protocols and confidentiality requirements
• Client data will not be sold to third parties under any circumstances
• Fusion Marketing implements reasonable administrative, technical, and physical safeguards
• Security incident response plan in place for potential data breaches
• Client will be notified of any security incidents affecting their data within 72 hours of discovery
• Regular backup procedures to prevent data loss

9.6 Privacy Practices

This subsection explains how Fusion Marketing collects, uses, and protects personal data, clarifying the company’s privacy practices and compliance with applicable regulations to help clients understand how their personal information is handled.

• Personal data collected from clients is used solely for the purpose of providing requested services
• Client contact information may be used for direct communication about services, updates, and marketing communications (with option to opt out)
• Fusion Marketing complies with applicable privacy regulations
• Clients may request access to, correction of, or deletion of their personal information
• Fusion Marketing maintains a separate Privacy Policy governing website visitors and online interactions
• Privacy practices regularly reviewed and updated to maintain compliance with evolving regulations
• Data retention limited to period necessary for service delivery and legal requirements
• Client may request data processing addendum for specific privacy compliance needs

9.7 Third-Party Disclosures

This subsection addresses circumstances in which Fusion Marketing may share client information with third parties, establishing clear expectations about third-party access to client data and the safeguards in place for such sharing.

• Fusion Marketing may provide client information to trusted third parties who assist in providing services, subject to confidentiality agreements
• Third parties are prohibited from using client information for any purpose other than providing agreed services
• Fusion Marketing will notify clients of any legally required disclosures when permitted by law
• Fusion Marketing will take reasonable steps to ensure third-party service providers maintain appropriate security measures
• Types of third parties that may receive information include:
• Cloud storage providers
• Email service providers
• Project management platforms
• Analytics services
• Subcontractors or freelancers assisting with project delivery
• Client information shared only to the extent necessary for service provision
• Third-party data processing agreements in place for sensitive information

9.8 Client Responsibilities

This subsection outlines the client’s responsibilities regarding confidentiality and data protection, establishing mutual obligations for information security and helping clients understand their role in maintaining confidentiality.

• Client responsible for identifying confidential information requiring special handling
• Confidential information should be clearly marked as such when provided to Fusion Marketing
• Client responsible for providing accurate contact information for confidentiality-related notifications
• Client must promptly notify Fusion Marketing of any unauthorized disclosure or security breach
• Client responsible for compliance with privacy laws applicable to their business
• Client must provide necessary consents for data processing activities
• Client must provide privacy notices to their own customers as required by law
• Client responsible for security of their own account credentials

9.9 Confidentiality of Proposals and Estimates

This subsection addresses the confidential nature of pre-contract discussions, proposals, and estimates, clarifying that these preliminary interactions are also subject to confidentiality protections.

• All proposals, estimates, and pre-contract discussions are confidential
• Pricing structures, project approaches, and creative concepts remain property of Fusion Marketing
• Unauthorized use of pre-contract creative concepts constitutes intellectual property infringement
• Client agrees not to share Fusion Marketing proposals with competitors
• Special pricing or terms offered to specific clients are confidential
• Non-disclosure applies to rejected proposals and estimates
• Concepts presented before contract execution remain property of Fusion Marketing

9.10 Post-Termination Confidentiality

This subsection explains the continuation of confidentiality obligations after the business relationship ends, establishing expectations for ongoing information protection and proper handling of confidential materials after service termination.

• Confidentiality obligations survive termination of the business relationship
• Return or destruction of confidential information upon request after service completion
• Fusion Marketing may retain archival copies as required by law or internal policies
• Retained information remains subject to confidentiality obligations
• Post-termination use limited to legal compliance and dispute resolution
• Continued portfolio usage rights as specified in Section 8.6 remain in effect
• Anonymized data may continue to be used as specified in Section 9.4

This section outlines the warranties provided by Fusion Marketing LLC for its services, as well as important limitations on liability. It establishes the scope of guarantees made about services and deliverables, clarifies what is not guaranteed, and defines the boundaries of financial responsibility for both parties. These terms are essential for managing expectations and establishing a clear framework for resolving issues that may arise in the course of business.

10.1 Limited Service Warranty

This subsection details the specific warranties Fusion Marketing provides for its services, including the warranty period, claim process, and available remedies to ensure clients understand the quality standards and resolution options for service issues.

• Fusion Marketing warrants that services will be performed in a professional and workmanlike manner consistent with industry standards
• Fusion Marketing warrants that deliverables will substantially conform to the specifications in the project agreement
• Warranty period: 30 days from delivery date unless otherwise specified
• Warranty limited to correction of non-conforming aspects of deliverables
• No warranty for client-caused issues or modifications
• Reperformance of services or correction of deliverables is the exclusive remedy for warranty claims
• All warranty claims must be submitted in writing during the warranty period
• Warranty claim process:
• Detailed description of the alleged non-conformity
• Documentation or evidence of the issue
• Claim review within 10 business days
• Determination of whether issue is covered by warranty
• Implementation of corrections for valid claims
• No warranty for services or deliverables after the warranty period
• Warranty voided by unauthorized modifications or misuse

10.2 Disclaimer of Warranties

This subsection explicitly outlines what is not guaranteed by Fusion Marketing, including business results, third-party services, and implied warranties, to establish clear boundaries on warranty coverage and prevent misunderstandings about guaranteed outcomes.

• No Guarantees of Results: Fusion Marketing LLC explicitly makes no guarantees or warranties regarding specific results from any services provided, including but not limited to:
• Increased website traffic or improved search engine rankings
• Specific conversion rates or lead generation
• Revenue or sales increases
• Social media engagement or following
• Return on investment (ROI) for any marketing campaign
• Meeting specific deadlines or timelines
• Business growth or customer acquisition
• Brand recognition or market positioning
• Competitive advantage or market differentiation
• “As Is” Services: All services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, beyond the limited warranty in Section 10.1.
• No Implied Warranties: Fusion Marketing LLC expressly disclaims all warranties, including but not limited to:
• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Success of marketing efforts
• Accuracy or reliability of results
• Continuous, uninterrupted, or error-free service
• Compatibility with client’s business model or operations
• Absence of minor defects or irregularities
• Conformity to client’s subjective expectations
• Third-Party Services and Subcontractors: No warranties are made regarding any third-party services, software, platforms, subcontractors, or freelancers that may be integrated into or used alongside Fusion Marketing’s services. This includes but is not limited to:
• Web hosting services
• Payment processors
• Content management systems
• Email marketing platforms
• Social media platforms
• Analytics services
• Stock photography or asset libraries
• Fonts and typography services
• Subcontracted graphic designers
• Freelance illustrators, cartoonists, or artists
• Independent photographers
• Copywriters or content creators
• Any other third-party service providers or contractors
• Fusion Marketing will exercise reasonable care in selecting qualified subcontractors and freelancers but makes no warranties regarding their work beyond those explicitly provided by the subcontractor
• Client acknowledges that subcontractors and freelancers are independent entities and Fusion Marketing cannot guarantee compliance with all legal and regulatory requirements
• Subcontractor and Partner Relationships:
• Fusion Marketing may engage specialized contractors, partners, or third-party service providers to deliver high-quality specialized services as part of client projects
• Fusion Marketing is not required to notify clients about the use of contractors or partners
• Clients acknowledge that while Fusion Marketing oversees all projects, we cannot be held accountable for contractors who may not follow all procedures or guidelines
• Fusion Marketing makes reasonable efforts to ensure the quality of work provided by any contractors or partners
• The use of contractors or partners does not relieve Fusion Marketing of its obligations under the agreement, but limits liability to the extent specified in Section 10.3
• In the event a subcontractor’s work results in a claim of intellectual property infringement or other legal issue, Fusion Marketing’s liability is limited as described in Section 10.3
• Fusion Marketing will make reasonable efforts to enforce quality standards with subcontractors but cannot guarantee subjective satisfaction with creative work
• Materials and Content: No warranties are made regarding client-provided materials, content, or information used in providing services.

10.3 Limitation of Liability

This subsection establishes the financial limits of Fusion Marketing’s liability and identifies types of damages that are excluded from liability claims, protecting both parties by defining the boundaries of financial responsibility in the event of disputes or issues.

• Maximum Liability Cap: Fusion Marketing’s maximum liability for any claim arising out of or related to the services provided shall be limited to the lesser of:
• $1,000 per individual claim, or
• 125% of the total fees paid for the specific project related to the claim
• Excluded Damages: Under no circumstances shall Fusion Marketing be liable for any:
• Consequential damages (including lost profits or business opportunities)
• Incidental damages
• Special, indirect, or punitive damages
• Loss of data, goodwill, or reputation
• Business interruption
• Cost of substitute products or services
• Damages arising from client’s use of deliverables
• Damages from third-party claims against client
• Damages from client’s failure to perform obligations
• Damages resulting from decisions made based on deliverables
• Emotional distress or mental anguish
• Force Majeure: Fusion Marketing shall not be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to:
• Acts of God, natural disasters, or extreme weather events
• Pandemic, epidemic, or public health emergency
• Internet service provider failures or delays
• Acts of terrorism, war, riot, or civil unrest
• Government actions or restrictions
• Labor disputes or strikes
• Utility or power failures
• Cyber attacks or security breaches by third parties
• Unexpected critical vendor failures
• Transportation disruptions or shipping delays
• Time Limitation: Any cause of action arising out of the services must be commenced within one (1) year after the cause of action accrues, regardless of when the cause is discovered.

10.4 Client Indemnification

This subsection outlines the client’s responsibility to protect Fusion Marketing from third-party claims arising from client-provided materials or client business activities, establishing mutual protection mechanisms and clarifying the scope of client indemnification obligations.

• Client Indemnification Obligation: Client agrees to indemnify, defend, and hold harmless Fusion Marketing, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
• Client’s products or services
• Client-provided content, materials, or information
• Client’s violation of any laws or regulations
• Client’s breach of the agreement
• Client’s use of deliverables in a manner not intended or authorized
• Any claims by third parties relating to client’s business
• Allegations that client-provided materials infringe intellectual property rights
• Client’s failure to adhere to professional advice or recommendations
• Damages resulting from client modifications to deliverables
• Claims related to factual accuracy of client-approved content
• Claims related to business advice, marketing strategies, or campaign outcomes
• Claims related to third-party services or technologies that client requested be incorporated
• Claims arising from client’s violation of acceptable use policies
• Proprietary Rights: Client warrants that any materials, content, or information provided to Fusion Marketing for use in services does not infringe upon any third-party intellectual property rights.
• Cooperation: Client agrees to cooperate with Fusion Marketing in the defense of any claim and allow Fusion Marketing to control the defense and settlement of such claim.
• Notice of Claims: Client must promptly notify Fusion Marketing of any claim subject to indemnification.

10.5 Fusion Marketing Indemnification

This subsection details Fusion Marketing’s commitment to protect clients from specific types of third-party claims, outlining the scope of company indemnification and available remedies for intellectual property infringement claims to provide clients with assurance about legal protection.

• Scope of Indemnification: Fusion Marketing agrees to indemnify, defend, and hold harmless Client from claims that deliverables, as delivered by Fusion Marketing and used in accordance with the agreement, infringe upon the intellectual property rights of a third party.
• Excluded Claims: Fusion Marketing’s indemnification obligation does not apply to claims arising from:
• Client modifications to deliverables
• Combination of deliverables with client materials or third-party products
• Compliance with client specifications or instructions
• Client’s continued use of deliverables after notification of alleged infringement
• Use of deliverables in a manner not intended or authorized
• Remedies for Infringement Claims: If deliverables are, or are likely to become, subject to an infringement claim, Fusion Marketing may, at its option and expense:
• Obtain the right for client to continue using the deliverables
• Replace or modify the deliverables to make them non-infringing while maintaining substantially similar functionality
• If neither of the above options is commercially reasonable, terminate the license for the deliverables and refund a pro-rated portion of fees paid

10.6 Procedure for Claims

This subsection establishes the process for submitting and resolving claims between the parties, including notice requirements, documentation, dispute resolution steps, and venue for legal proceedings to ensure fair and efficient resolution of disputes.

• Notice Requirement: Client must provide written notice of any claim within thirty (30) days of discovery of the issue giving rise to the claim.
• Documentation: Client must provide reasonable documentation and evidence supporting any claim.
• Good Faith Resolution: Both parties agree to work in good faith to resolve any claims or disputes before pursuing formal legal action.
• Mandatory Mediation: Before filing any formal legal proceeding, parties agree to attempt resolution through mediation with a mutually agreed-upon mediator.
• Venue for Proceedings: Any formal proceedings shall be filed exclusively in courts located in Macomb County, Michigan.

10.7 Insurance Coverage

This subsection outlines Fusion Marketing’s insurance provisions and how they relate to liability limitations, providing transparency about the company’s risk management approach and establishing expectations about insurance protection.

• Fusion Marketing maintains appropriate business insurance, including:
• General commercial liability
• Professional liability (errors and omissions)
• Cyber liability (when applicable)
• Insurance information available upon written request for legitimate business purposes
• Insurance coverage does not increase liability limits stated in Section 10.3
• Client responsible for maintaining appropriate insurance for their own business operations

10.8 Survival

This subsection clarifies which warranty and liability provisions remain in effect after the business relationship ends, ensuring both parties understand their ongoing rights and obligations even after service termination.

• The warranties, representations, and obligations contained in this section shall survive the termination of any agreement between Fusion Marketing and Client.
• Limitations of liability and indemnification provisions shall continue to apply to any claims arising from services provided during the term of the agreement, regardless of when such claims are made.
• All disclaimers, limitations, and indemnities shall apply to the fullest extent permitted by applicable law.

10.9 Severability

This subsection addresses the enforceability of individual provisions within the warranty and liability section, establishing that if one provision is found invalid, the remaining provisions still apply to maintain the overall integrity of the agreement.

• If any provision of these warranty and liability terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
• Unenforceable provisions shall be modified to the minimum extent necessary to make them enforceable while preserving the original intent as closely as possible.

This section outlines the processes and procedures for resolving disputes between Fusion Marketing LLC and its clients. It establishes a structured approach to addressing disagreements, beginning with informal resolution efforts and progressing through optional mediation to formal litigation if necessary. These terms are designed to promote efficient conflict resolution while protecting the rights and interests of both parties. All clients should carefully review these provisions to understand how potential disputes will be handled.

11.1 Informal Resolution Process

This subsection details the initial steps for addressing disagreements before formal legal proceedings, establishing expectations for good-faith negotiation and the timeframes for informal dispute resolution to encourage amicable solutions.

• Both parties agree to attempt good-faith resolution of any disputes before pursuing formal legal action
• Initial dispute notification must be in writing, detailing specific concerns and requested resolution
• Response to dispute notification required within 10 business days
• Senior management escalation if dispute remains unresolved after initial communication
• Executive-level discussion within 15 business days of escalation
• Informal resolution period of 30 days before proceeding to mediation
• Either party may waive or shorten informal resolution period by written notice
• All communications during informal resolution process are confidential and inadmissible in subsequent proceedings
• Documentation of resolution terms required if settlement reached

11.2 Optional Mediation

This subsection explains the voluntary mediation process available to the parties, including mediator selection, cost sharing, and timeframes, clarifying that mediation is non-mandatory but available as an intermediate step before litigation.

• Following unsuccessful informal resolution, parties may agree to participate in mediation before pursuing litigation
• Mediation is entirely optional and not required before proceeding to litigation
• If parties agree to mediation, the following terms apply:
• Mediation to be conducted by a mutually agreed-upon mediator
• If parties cannot agree on mediator selection, mediator will be appointed by American Arbitration Association
• Mediation to be held in Macomb County, Michigan, unless otherwise agreed
• Costs of mediation to be shared equally between parties
• Mediation to be completed within 60 days of mediator selection
• Parties agree to participate in good faith in the mediation process
• Parties must have decision-makers with settlement authority present at mediation
• All mediation proceedings and communications are confidential and inadmissible in subsequent proceedings
• Either party may proceed directly to litigation after the informal resolution process if desired
• A party’s decision not to participate in mediation shall not be admissible as evidence or considered by the court in any subsequent proceedings

11.3 Litigation

This subsection addresses the formal legal process if disputes cannot be resolved through informal means or mediation, establishing the venue, governing law, and certain procedural agreements to provide clarity about how litigation will proceed.

• After the informal resolution process is complete, either party may proceed with litigation regardless of whether mediation was attempted
• Exclusive venue for litigation shall be state or federal courts located in Macomb County, Michigan
• Parties consent to personal jurisdiction in these courts
• Governing law shall be the laws of the State of Michigan without regard to conflict of laws principles
• Prevailing party entitled to recover reasonable attorneys’ fees and costs
• Parties waive right to jury trial for all claims arising out of or related to the agreement
• Parties agree not to bring any claims as part of a class action or consolidated proceeding
• Small claims under applicable jurisdictional limits may bypass informal resolution requirement

11.4 Alternative Dispute Resolution Options

This subsection outlines additional dispute resolution alternatives that may be utilized by mutual agreement, including arbitration procedures and costs, providing flexibility in how conflicts can be addressed.

• By mutual written agreement, parties may elect binding arbitration in lieu of litigation
• Arbitration to be conducted by a single arbitrator under American Arbitration Association rules
• Arbitration venue to be Macomb County, Michigan, unless otherwise agreed
• Costs of arbitration to be shared equally, with prevailing party entitled to recover reasonable costs
• Arbitration decision shall be final and binding, enforceable in any court of competent jurisdiction
• Limited appeal rights as provided under applicable arbitration law
• Expedited arbitration procedures available for claims under $25,000

11.5 Venue and Jurisdiction

This subsection establishes the exclusive legal forum for resolving disputes and the applicable law that will govern the interpretation and enforcement of the agreement, ensuring clear expectations about legal jurisdiction.

• Michigan is the agreed governing law for all matters related to the agreement
• Exclusive jurisdiction and venue in state or federal courts in Macomb County, Michigan
• Parties waive any objection to jurisdiction or venue in these courts
• Client waives any claim of inconvenient forum
• All proceedings to be conducted in English
• Choice of law principles shall not apply foreign law even if parties are in different jurisdictions
• For international clients, parties expressly opt out of application of the UN Convention on Contracts for the International Sale of Goods

11.6 Limitations Period

This subsection establishes deadlines for initiating legal action, requiring prompt notification of claims and setting time boundaries for bringing legal proceedings to ensure timely resolution of disputes.

• Any cause of action must be commenced within one (1) year after the cause of action accrues
• This limitation applies regardless of when the cause is discovered
• Claims not brought within the limitations period are permanently barred
• Client must provide written notice of intent to file claim at least 30 days before initiating formal proceedings
• Notice of potential claims does not extend the limitations period
• Statutory limitations periods that are shorter than one year will control where applicable
• Equitable tolling provisions may apply in cases of fraud or active concealment

11.7 Injunctive Relief

This subsection addresses circumstances where emergency legal intervention may be necessary, outlining the conditions under which parties may seek injunctive relief without following standard dispute resolution procedures.

• Notwithstanding other dispute resolution provisions, either party may seek injunctive relief for:
• Intellectual property infringement
• Breach of confidentiality
• Protection of proprietary information
• Prevention of irreparable harm
• Temporary restraining orders or preliminary injunctions may be sought in court without mediation
• Party seeking injunctive relief must demonstrate:
• Likelihood of success on merits
• Irreparable harm
• Balance of equities
• Public interest considerations
• Bond or security requirements apply per applicable court rules
• Injunctive proceedings do not waive right to other remedies

11.8 Severability and Survival

This subsection addresses the continued validity of the dispute resolution terms if portions are found unenforceable, and confirms that these terms remain in effect even after the business relationship ends to provide ongoing protection.

• If any provision of this dispute resolution section is found unenforceable, remaining provisions remain in effect
• If mediation or arbitration provisions are found unenforceable, litigation provisions will still apply
• Dispute resolution terms survive termination of the agreement
• Limitations periods continue to apply after termination
• Confidentiality obligations regarding dispute proceedings survive termination
• Court may modify unenforceable provisions to minimum extent necessary for enforcement

11.9 Force Majeure

This subsection outlines how unforeseen circumstances beyond reasonable control affect dispute resolution obligations, establishing notification requirements and options for addressing disputes during periods of force majeure.

• Neither party shall be liable for delays or failures resulting from circumstances beyond reasonable control
• Force majeure events include but are not limited to:
• Acts of God, natural disasters, or extreme weather
• Pandemic, epidemic, or public health emergency
• War, terrorism, riots, or civil unrest
• Government actions or restrictions
• Labor disputes or strikes
• Utility or power failures
• Internet or telecommunication disruptions
• Cyber attacks by third parties
• Party experiencing force majeure must:
• Notify other party in writing within 5 business days
• Make reasonable efforts to minimize delay or disruption
• Resume performance as soon as practicable
• Provide partial performance where possible during the event
• Communicate regularly about status and expected resolution
• For extended force majeure events (longer than 30 days):
• Parties will reassess the situation every 30 days
• Payment adjustments may be made proportional to services that can still be delivered
• Either party may propose temporary modifications to deliverables or timelines
• If force majeure event continues for more than 60 consecutive days, either party may terminate affected portions of agreement
• Payments for services already rendered are not refundable due to force majeure termination
• Upon force majeure termination, deliverables will be provided in current state
• Neither party shall be liable for damages resulting from force majeure termination

11.10 Class Action Waiver

This subsection establishes that all disputes must be resolved on an individual basis rather than through class actions, ensuring that each client’s issues are addressed specifically rather than collectively.

• Parties agree that any dispute resolution proceedings will be conducted solely on an individual basis
• Neither party may join or consolidate claims with those of any other customers or clients
• Neither party may participate in a class action, consolidated action, or representative proceeding
• Waiver of right to serve as a representative of others or participate as a member of a class
• If this waiver is found unenforceable, entire dispute resolution section becomes null and void
• In event of nullification, all disputes will be resolved in courts of competent jurisdiction

This section outlines the procedures, rights, and responsibilities related to ending the business relationship between Fusion Marketing LLC and its clients. It addresses termination circumstances for both parties, defines what constitutes material breach, and establishes post-termination obligations and transition processes. These terms ensure clarity about how services may be concluded and the steps required for proper termination or cancellation of the business relationship.

12.1 Client Termination Rights

This subsection details the circumstances under which clients may terminate services, including for material breach by Fusion Marketing, and outlines the notice requirements and financial obligations associated with client-initiated termination.

Client may terminate services for material breach by Fusion Marketing that remains uncured for 15 business days after written notice. A material breach is a significant or substantial violation of the contract terms that undermines the core purpose of the agreement. Examples of material breaches by Fusion Marketing include, but are not limited to:

• Significant and unreasonable delay in delivery of key project milestones without communication
• Substantial deviation from approved project specifications without client approval
• Unauthorized disclosure of client’s confidential information
• Client may terminate services under the following circumstances:
• Prior to commencement of work (subject to applicable cancellation fees)
• For material breach by Fusion Marketing that remains uncured for 15 business days after written notice
• Upon mutual agreement of both parties
• As specified in individual service agreements or estimates
• Termination notice must be provided in writing via email or certified mail
• Termination notice must include specific reason for termination and requested effective date
• Early termination fees apply as follows:
• One-time projects: As specified in Section 7.9 (Cancellation Policy)
• Recurring services: 30 days’ notice required; payment due for notice period regardless of service utilization
• Retainer arrangements: Payment for any unused minimum commitment period
• Upon termination, client remains responsible for payment of all services rendered prior to effective termination date
• No refunds for prepaid services unless specified in individual service agreement
• Account credit may be issued for unused portions of prepaid services at Fusion Marketing’s discretion

Non-material breaches include minor delays, occasional communication lapses less than 7 days, minor revisions to deliverables that don’t affect core functionality, and similar issues that do not fundamentally undermine the agreement. Either party shall have 15 business days following written notice to cure any material breach before the non-breaching party may terminate the agreement or pursue other remedies.

12.2 Fusion Marketing Termination Rights

This subsection outlines the circumstances under which Fusion Marketing may terminate client services, including for material breach by the client, and details the notice requirements and consequences associated with company-initiated termination.

Fusion Marketing may terminate services for material breach by client that remains uncured for 15 business days after written notice. A material breach is a significant or substantial violation of the contract terms that undermines the core purpose of the agreement. Examples of material breaches by the client include, but are not limited to:

• Failure to make any payment when due or having a payment method declined without remedy within 7 days
• Providing false, misleading, or incomplete information that significantly impacts project scope or deliverables
• Unauthorized use of Fusion Marketing’s intellectual property or deliverables prior to full payment
• Abusive or threatening behavior toward Fusion Marketing staff
• Repeated non-responsiveness that significantly delays project timelines (beyond the 14-day abandonment period)
• Using Fusion Marketing’s services for illegal activities or purposes that violate our terms
• Fusion Marketing may terminate services under the following circumstances:
• Client breach of payment terms
• Client material breach of any terms that remains uncured for 15 business days after written notice
• Client misconduct, including but not limited to abusive behavior toward staff
• Conflict of interest that arises during the engagement
• Client request for services that violate laws, regulations, or ethical standards
• Extended client unresponsiveness (14+ days without communication)
• Upon mutual agreement of both parties
• As specified in individual service agreements or estimates
• Termination notice will be provided in writing via email or certified mail
• Termination notice will include specific reason for termination and effective date
• If termination is due to client breach, full payment for all completed and in-progress work is due immediately
• If termination is for reasons other than client breach, Fusion Marketing will provide reasonable transition assistance
• Fusion Marketing may suspend services prior to termination for payment issues or client misconduct

Non-material breaches include minor delays, occasional communication lapses less than 7 days, minor revisions to deliverables that don’t affect core functionality, and similar issues that do not fundamentally undermine the agreement. Either party shall have 15 business days following written notice to cure any material breach before the non-breaching party may terminate the agreement or pursue other remedies.

12.3 Force Majeure Provisions

This subsection addresses how unforeseen circumstances beyond reasonable control may affect service agreements, outlining notification requirements, performance expectations during force majeure events, and termination rights for extended disruptions.

• Neither party shall be liable for delays or failures resulting from circumstances beyond reasonable control
• Force majeure events include but are not limited to:
• Acts of God, natural disasters, or extreme weather
• Pandemic, epidemic, or public health emergency
• War, terrorism, riots, or civil unrest
• Government actions or restrictions
• Labor disputes or strikes
• Utility or power failures
• Internet or telecommunication disruptions
• Cyber attacks by third parties
• Party experiencing force majeure must:
• Notify other party in writing within 5 business days
• Make reasonable efforts to minimize delay or disruption
• Resume performance as soon as practicable
• Provide partial performance where possible during the event
• Communicate regularly about status and expected resolution
• For extended force majeure events (longer than 30 days):
• Parties will reassess the situation every 30 days
• Payment adjustments may be made proportional to services that can still be delivered
• Either party may propose temporary modifications to deliverables or timelines
• If force majeure event continues for more than 60 consecutive days, either party may terminate affected portions of agreement
• Payments for services already rendered are not refundable due to force majeure termination
• Upon force majeure termination, deliverables will be provided in current state
• Neither party shall be liable for damages resulting from force majeure termination

12.4 Transition Assistance

This subsection details the support Fusion Marketing will provide when services are ending, outlining standard transition assistance and additional options available at extra cost to ensure a smooth transfer of materials and responsibilities.

• Following termination for any reason other than client breach, Fusion Marketing will provide reasonable transition assistance, which may include:
• Transfer of client-owned content and materials
• Delivery of completed work product
• Documentation of current status for in-progress work
• List of third-party services or subscriptions that require client action
• Transition assistance provided for standard termination includes:
• One email communication detailing transition steps
• Delivery of final deliverables in standard formats
• Access to files for 14 days post-termination
• Enhanced transition assistance available at current hourly rates, which may include:
• Meetings with client or new service providers
• Detailed documentation creation
• File format conversions or special exports
• Extended file storage
• Training or knowledge transfer sessions
• Transition assistance period shall not exceed 30 days from effective termination date
• All transition assistance subject to payment of outstanding invoices
• Intellectual property rights transfer as specified in Section VIII upon full payment

12.5 Post-Termination Obligations

This subsection outlines the continuing responsibilities of both parties after service termination, including payment obligations, confidentiality requirements, and intellectual property restrictions, to ensure clarity about ongoing commitments despite the end of active services.

• Client obligations that survive termination:
• Payment of all outstanding balances
• Confidentiality obligations
• Indemnification for claims arising from client materials
• Ownership and usage restrictions for intellectual property
• Non-disparagement provisions
• Fusion Marketing obligations that survive termination:
• Confidentiality obligations
• Limited warranty provisions as applicable
• Providing deliverables for which payment has been received
• Indemnification for claims covered under Section 10.5
• Both parties remain bound by:
• Dispute resolution provisions
• Limitation of liability provisions
• Applicable intellectual property restrictions
• All licenses granted terminate upon agreement termination unless:
• Full payment has been received for perpetual licenses
• Specific provisions for continued use are included in the agreement
• Restrictions on portfolio use removed with written permission

12.6 Suspension of Services

This subsection explains the circumstances under which services may be temporarily suspended rather than terminated, including suspension procedures, client obligations during suspension, and the requirements for service reinstatement.

• Fusion Marketing may suspend services without terminating the agreement under the following circumstances:
• Payment delinquency exceeding 15 days
• Reasonable suspicion of fraudulent activity
• Client violation of acceptable use policies
• As required by law or government order
• To address security threats or vulnerabilities
• Client request (temporary pause)
• Notification of suspension provided via email
• During suspension:
• Service timeframes and deadlines are paused
• Client obligations continue (including payment obligations)
• Recurring charges continue unless specifically waived
• Access to systems or work in progress may be restricted
• Reinstatement requirements:
• Payment of all outstanding balances plus applicable late fees
• Resolution of any breach or violation
• Reinstatement fee may apply as specified in applicable service section
• Written confirmation of compliance with terms
• Suspension exceeding 30 days may result in termination at Fusion Marketing’s discretion
• Account Suspension vs. Termination:
• Suspension Definition: Temporary pausing of services while maintaining the account and its data
• Termination Definition: Complete ending of the service relationship potentially resulting in removal of data
• Progression: Accounts typically move from active status to suspended status before termination
• Reactivation of Suspended Accounts: Suspended subscription accounts can be reactivated through the Fusion Marketing website by making past due payments or resubscribing
• Notification Process: Automated notifications regarding account status changes are sent through our system
• Suspension Period: Accounts may remain suspended for up to 90 days before being considered for termination
• Data Retention After Termination: Upon termination, client data may be deleted without further notice

12.7 Project Cancellation vs. Service Termination

This subsection clarifies the distinction between canceling a specific project and terminating an ongoing service relationship, detailing the different procedures and financial implications of each to prevent confusion about these separate processes.

• Project cancellation refers to discontinuing a specific, one-time project
• Service termination refers to ending an ongoing service relationship
• Different terms apply to each as specified in this section and Section 7.9
• Project cancellation fees based on project stage and resources committed
• Service termination requires notice period regardless of utilization
• Deliverables for cancelled projects provided based on payment received
• No additional deliverables provided after service termination effective date
• Pending milestones or deliverables canceled upon termination unless otherwise agreed
• Partially completed work provided “as is” with no warranty or support

12.8 Account Closure

This subsection outlines the process for closing client accounts upon termination, including the handling of final deliverables, data retention policies, and the conditions for potentially reopening closed accounts to ensure orderly conclusion of the business relationship.

• Upon termination, client accounts will be closed according to the following process:
• Final invoice issued for all outstanding amounts
• All deliverables for which payment has been received provided to client
• Access to Fusion Marketing systems revoked
• Client data retained for period required by law, then securely deleted
• Login credentials for third-party services returned to client
• Client contact information retained for legal and accounting purposes only
• Reopening closed accounts:
• Subject to current pricing and terms
• Setup fees may apply
• No guarantee of same account manager or team
• New contract required regardless of previous relationship
• Previous account history may affect eligibility for reopening
• Account closure does not release either party from surviving obligations

12.9 Termination for Convenience by Fusion Marketing:

This subsection explains Fusion Marketing’s right to terminate services at its discretion without cause, outlining the notice period, client compensation, and transition support for such terminations to ensure clients understand the company’s discretionary termination rights.

Fusion Marketing reserves the right to terminate any service agreement at its sole discretion without cause by providing thirty (30) days written notice to the client. Upon such termination:

• Client will be responsible for payment of all services rendered up to the termination date
• Any prepaid fees for services not yet rendered may be applied as account credit at Fusion Marketing’s discretion
• Fusion Marketing will provide reasonable transition assistance during the notice period
• Client will receive all deliverables for which payment has been received

This termination for convenience provision does not apply to clients. Clients may only terminate agreements for cause as specified elsewhere in these Terms or as allowed in their specific service agreement/estimate.

This section outlines additional terms and conditions that apply to specific services offered by Fusion Marketing LLC. These specialized terms address the unique requirements, limitations, and client responsibilities associated with particular service categories. These terms should be read in conjunction with the general terms in Section I and any other applicable sections, as they provide important supplementary information about specialized service offerings.

13.1 Social Media and Digital Marketing

This subsection details the specific terms governing social media management and digital marketing services, establishing clear expectations regarding account ownership, content approval processes, and platform-specific considerations.

• Account Ownership: Client retains ownership of their social media accounts; Fusion Marketing requires administrative access during the service period
• Account Access: Client agrees to provide necessary access credentials within 3 business days of contract signing
• Content Approval: All content will be subject to Client’s approval before posting unless otherwise specified in writing
• Post Scheduling: Client acknowledges that optimal posting times may vary and grants Fusion Marketing discretion in scheduling
• Third-Party Terms: Client acknowledges that all social media platforms have their own Terms of Service that may affect campaign execution
• Account Access Termination: Upon service termination, Fusion Marketing will remove its access within 48 hours of the final service date
• Analytics: Monthly analytics reports will be provided unless otherwise specified in the service agreement
• Third-Party Tools: Fusion Marketing may use third-party scheduling and analytics tools to manage accounts
• Content Ownership: All created content becomes property of client upon payment in full
• Platform Changes: Fusion Marketing not responsible for social media platform algorithm or policy changes
• Account Restrictions: Fusion Marketing not responsible for account restrictions, suspensions, or bans resulting from platform policy enforcement
• Engagement Metrics: No guarantees of specific engagement metrics, follower growth, or conversion rates

13.2 Content Creation

This subsection outlines the terms specific to content creation services, including ownership rights, revision processes, and client responsibilities for providing information and approving content.

• Content Ownership: Content created specifically for Client will be licensed to Client upon full payment, subject to the terms in Section VIII: Intellectual Property Rights
• Usage Rights: Client receives rights to use content only for purposes specified in the contract
• Revisions: Content creation includes revisions as specified in project proposals; additional revisions are billed at current hourly rates
• SEO Content: No guarantee of specific rankings or traffic increases for SEO-focused content
• Approval Process: Client has 7 business days to request revisions or approve content; lack of response after this period constitutes approval
• Source Material: Client is responsible for providing necessary information, brand guidelines, and source material within agreed timeframes
• Research Time: Research required for content creation is billable time and included in project estimates
• Factual Accuracy: Client is responsible for verifying all factual claims and industry-specific information
• Legal Compliance: Client responsible for ensuring content complies with industry regulations and laws
• Publication Rights: Unless otherwise specified, Fusion Marketing does not acquire publication rights to client websites or platforms
• Content Calendar: If included in service agreement, content calendars require client approval by specified deadlines
• Rush Delivery: Additional fees apply for expedited content requests outside agreed production schedule

13.3 DTG and Silkscreen Printing

This subsection provides additional terms specific to direct-to-garment and silkscreen printing services, addressing color matching, garment quality, and other technical considerations essential for these specialized printing methods.

• Color Matching: Exact color matching is not guaranteed unless specifically included in the contract with Pantone color specifications
• Print Location Variance: Positioning may vary up to 1/4 inch in any direction from approved artwork
• Garment Quality: Fusion Marketing is not responsible for defects, shrinkage, or color fastness issues in client-provided garments
• Spoilage Rate: 15% spoilage rate applies to all customer-provided garments
• Minimum Orders: Minimum order quantities apply (12 items for standard orders, 100 items for customer-provided garments)
• Print Durability: No guarantee on print longevity as proper care significantly impacts durability
• Sample Approval: Client must approve final artwork and samples before full production; changes after approval may incur additional charges
• Material Limitations: Some fabrics and materials may be unsuitable for printing; Fusion Marketing reserves the right to refuse printing on materials deemed incompatible with equipment
• Color Bleeding: Natural color bleeding may occur when printing dark inks on light garments or vice versa, not considered a defect
• Wash Testing: Not included unless specifically contracted; client responsible for determining wash durability
• Size Limitations: Maximum print area varies by garment type and printing method
• Multi-Location Printing: Additional setup fees apply for each print location

13.4 E-Commerce Website Development

This subsection outlines additional terms applicable to e-commerce website development, clarifying responsibilities regarding payment processing, inventory management, and other e-commerce-specific functionalities.

• Payment Processing: Fusion Marketing is not responsible for payment gateway fees or transaction issues
• Inventory Management: Real-time inventory tracking requires specific additional modules that must be specified in the contract
• PCI Compliance: Client is responsible for maintaining PCI compliance for stored customer data
• Product Photography: Unless specifically included in the contract, product photography is not included in e-commerce development
• Payment Gateways: Client is responsible for establishing merchant accounts with payment processors
• Transaction Fees: Any transaction or processing fees from third-party services are the Client’s responsibility
• Product Data: Client is responsible for providing accurate product information, descriptions, and pricing
• Order Fulfillment: Website development does not include order fulfillment services unless specifically contracted
• Security Updates: Client is responsible for maintaining regular security updates after the warranty period
• Checkout Customization: Standard checkout processes included; extensive customization requires additional fees
• Tax Configuration: Client responsible for setting up and maintaining tax rules and rates
• Shipping Integration: Basic shipping options included; integration with specific carriers requires additional development
• Product Import: Initial product import included up to limits specified in contract; additional products billed at per-item rate
• Abandoned Cart Recovery: Available as add-on service unless specified in original scope

13.5 Photography and Visual Assets

This subsection details the terms governing photography and visual asset creation services, including usage rights, scheduling policies, and the specific deliverables clients can expect.

• Usage Rights: Photography is licensed for specific uses as outlined in the contract
• Model Releases: Client is responsible for obtaining model releases when required
• Location Permissions: Client is responsible for securing location permissions
• Weather Conditions: Outdoor shoots may be rescheduled due to inclement weather at Fusion Marketing’s discretion
• Delivery Timeline: Standard delivery is 14 business days after the shoot unless otherwise specified
• Raw Files: Raw, unedited files remain the property of Fusion Marketing and are not provided to Client
• Image Selection: Client will be provided with proofs from which to make final selections
• Retouching: Basic retouching is included; extensive retouching is billed separately
• Cancellation: Cancellation fees apply as follows:
• 7+ days before scheduled shoot: 25% of total project fee
• 3-6 days before scheduled shoot: 50% of total project fee
• 1-2 days before scheduled shoot: 75% of total project fee
• Less than 24 hours before scheduled shoot: 100% of total project fee
• Shot List: Client must provide shot list at least 48 hours before scheduled shoot
• Additional Hours: Sessions that exceed scheduled time will be billed at hourly overtime rate
• Equipment Damage: Client responsible for equipment damage caused by client, client’s representatives, or at client locations
• Additional Editing: Requests for editing beyond scope of contract billed at current hourly rate

13.6 Local SEO and Directory Management

This subsection outlines the specific terms for local search engine optimization and business directory management services, addressing listing ownership, accuracy responsibilities, and performance expectations.

• Listing Ownership: Client retains ownership of all business listings
• Listing Access: Client agrees to provide necessary access credentials for business listings within 3 business days
• Accuracy: Fusion Marketing will make best efforts to ensure information accuracy but cannot guarantee immediate updates across all platforms
• Review Management: Review monitoring is included but Fusion Marketing cannot guarantee removal of negative reviews
• Google Algorithm Changes: Services may be affected by changes to search engine algorithms outside of Fusion Marketing’s control
• Reporting: Monthly performance reports will be provided unless otherwise specified
• Ranking Guarantees: No specific ranking guarantees are provided for local SEO services
• Citation Building: Local citation building is limited to directories specified in the contract
• NAP Consistency: Client responsible for notifying Fusion Marketing of any business information changes
• Google Business Profile: Management services require verification access from client
• Review Response: Client responsible for responding to reviews unless review response service is specifically included
• Service Area Updates: Geographic service area adjustments limited to quarterly updates
• Local Content: Content creation for local SEO billed separately unless included in package

13.7 Marketing Research and Data Analysis

This subsection addresses the specialized terms for marketing research and data analysis services, including data ownership, methodological disclosures, and limitations on result guarantees.

• Data Sources: All data sources will be disclosed to Client
• Data Ownership: Raw research data remains the property of Fusion Marketing; insights and reports are delivered to Client
• Methodology: Research methodologies will be disclosed to Client upon request
• Sample Sizes: Sample sizes and margins of error will be disclosed in all research reports
• Third-Party Data: Third-party data sources are subject to their own terms and limitations
• Confidentiality: Client agrees not to disclose research methodologies to competitors
• Usage Limitations: Research is provided for Client’s internal use only unless otherwise specified
• Reproduction: Reports may not be reproduced or distributed without written permission
• Data Accuracy: Fusion Marketing makes best efforts to ensure data accuracy but cannot guarantee third-party data
• Interpretations: Research analysis represents Fusion Marketing’s professional interpretation of data
• Primary Research: Focus groups, surveys, and interviews billed at rates specified in project estimate
• Participant Privacy: Research participant identities remain confidential unless explicit consent obtained
• Supplemental Analysis: Requests for analysis beyond original scope billed at current hourly rate

13.8 Video Production

This subsection outlines the specific terms governing video production services, including revision policies, usage rights, and cancellation fees that apply specifically to video projects.

• Usage Rights: Video content is licensed for specific uses as outlined in the contract
• Script Approval: Client must approve scripts before production begins
• Revisions: Standard packages include two rounds of revisions; additional revisions billed at current hourly rate
• Talent: Professional talent fees not included unless specified in contract
• Music Licensing: Royalty-free music included; custom or commercial music licenses are additional
• Location Fees: Client responsible for location rental and permit fees unless included in contract
• Weather Delays: Outdoor shoots delayed by weather rescheduled without penalty
• Production Schedule: Client delays that impact production schedule may result in additional fees
• Raw Footage: Raw, unedited footage remains property of Fusion Marketing and is not provided to Client
• Delivery Format: Final videos delivered in specified digital format; additional formats available for fee
• Cancellation: Production cancellation fees:
• Before pre-production: 25% of project total
• During pre-production: 50% of project total
• During production: 75% of project total
• During post-production: 100% of project total
• Archival Storage: Project files stored for 60 days after delivery; long-term storage available for fee
• Third-Party Content: Client responsible for rights to any client-provided content included in videos

13.9 Logo Design and Brand Identity

This subsection details the specific terms for logo design and brand identity services, including the standard deliverables, revision limitations, and additional applications that may be available.

• Concept Development: Standard packages include specified number of initial concepts
• Revision Process: Number of revision rounds specified in contract
• File Formats: Standard file package includes vector and raster formats as specified in contract
• Color Variations: Standard packages include specified number of color variations
• Usage Guidelines: Basic usage guidelines included; comprehensive brand guidelines available as upgrade
• Trademark Research: Preliminary trademark search not included unless specified; not a substitute for legal trademark search
• Additional Applications: Business cards, letterhead, and other applications billed separately unless included
• Rush Delivery: Expedited timelines available for additional fee
• Design Extensions: Additional brand elements beyond scope billed separately
• Originality Guarantee: All designs created as original work; no templates or pre-made elements
• Unused Concepts: Client does not receive rights to unused or rejected concepts
• Merchandising Applications: Additional licensing may be required for merchandise production
• Brand Strategy: Strategic brand positioning and messaging available as separate service