Digital Outreach Plan Terms of Service

This is an Agreement between Kai Co., LLC (“we,” “us,” “our”) and any individual, entity, or organization that procures our services (“you” or “your”). If you have any questions about this agreement, you can email Kai Davis.

  1. Acceptance of Terms: Any work that we do for you is governed by the terms and conditions that you’re reading now. If you don’t agree to these terms, we can’t provide you with any services. This agreement is a binding contract between you and us.
  2. Terms May Change: You should know that, periodically, we may change the terms and conditions in this document, including the amount of our fees. If we do change them, the new terms and/or pricing will become effective for you on the next date on which your services with us are scheduled to renew. We’ll always give you at least thirty days to review these changes before new pricing and terms take effect.
  3. Payment: In exchange for our services, you’ll pay one-thousand-and-five-hundred dollars ($1,500) when you agree to these terms. Payment reserves a space on our docket and is made before we provide any services to you. In addition, prior to providing any services to you, you must fill out an informational questionnaire. This allows us to better understand your concerns and goals for this project. A link to the questionnaire will be provided to you after we receive payment.
  4. Taxes: You’re responsible for payment of all applicable sales and use taxes.
  5. Refund: Refunds are not offered for services performed. If you contact us to request a refund more than 14-days before the scheduled kickoff of our work together, your payment will be refunded.
  6. Services: In exchange for our fee, we’ll provide you with a written report tailored to your business and provide you with one follow-up round of Q&A. Our report is based on the state of your business at the time it was reviewed by us. We will deliver our report within thirty (30) days of receiving your filled-out questionnaire. This report will consist of the following items:
    • (i) “Questionnaire,” summarizing information about your target market, your goals for this campaign, the most important deliverables for the campaign, and any other marketing or promotional activities you’re engaged in.
    • (ii) “Strategic Plan,” giving you an actionable plan you can follow for your outreach campaign, which consist of a basic information on digital outreach strategies, how to implement them, and how to identify prospects for your outreach campaign;
    • (iii) “Unique Outreach Templates,” which consists of a custom series of 5 email templates, specific to this campaign, that you can use for outreach;
    • (iv) “Influencer Identification,” which is a list of influencers identified online to contact through your digital outreach campaign to reach your goals, including name, website address, email address (if available), contact URL (if available), social media pages, and any relevant content;
    • (v) “Outreach Timeline,” which is intended to give you a timeline and framework for contacting and following up with your influencers.
    • We do not revise the written report once delivered and we won’t follow up with further reports. You agree to accept our report “as is.” Once the report is delivered, we’ll schedule time to answer questions regarding it. You must gather your comments and questions together into a single package for our review; we don’t provide more than one round of Q&A.
  7. No Guarantee of Results: We provide information as-is; it’s up to you to act on it. Your organization needs to be structured such that it can accept implement recommendations on digital outreach, marketing, and promotion and use the recommendations meaningfully. Additionally, we make no guarantee about the number of leads, sales, conversions, click-throughs, impressions, list signups, or any return on investment resulting from our work with you.
  8. Content Ownership: We retain ownership in the copyright to all reports produced through the Digital Outreach Plan service and invite you to share our report internally with other members of your organization on an as-needed basis. We do not, however, grant you permission to modify the report, reproduce it for individuals outside of your company, display or perform it publicly, or distribute it to any third party.
  9. Termination: Once you’ve paid our fee and answered our questionnaire, neither of us may terminate this agreement, except on material breach of it by the other party, and only if the breaching party has failed to cure its breach within thirty (30) days of notice.
  10. Independent Contractor: We are an independent contractor to you/your organization. By entering this contract, we don’t intend to create a joint venture or partnership, or become one of your employees. Neither of us are granted any rights to control the other or to enter into agreements on the other’s behalf.
  11. Not Exclusive: We provide services to a number of clients. You recognize and agree that we may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.
  12. Publicity: Referrals are how we’re able to get work in the future, and we love showing off any major victories.You grant us the right to mention the following on our website, and in our marketing and advertising collateral: your company’s name; the work that we did for you, described generally; and the relative impact that our work had on your business (e.g., X% increase in sales allowed company Y to hire new employees). You also grant us the right to link to your website.The rights granted to us are non-exclusive and irrevocable. We additionally retain the right to acknowledge our authorship of work done for you in an advertising and marketing context. Changes to these rights should be agreed upon in writing before you make your first payment.
  13. Business Hours: Our business hours are 9am–5pm Pacific Time. We take the following days off: January 01, Martin Luther King Jr. Day, Memorial Day, July 03, July 04, Labor Day, Thanksgiving, Black Friday, December 24, December 25, and December 31. We agree to put in a reasonable effort to reply to anything project-related during business hours.
  14. Limitation on Liability: OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE AND ANY REPORTS THAT WE PROVIDE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID TO Draft BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  15. Representations and Warranties: We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party. You represent and warrant that any materials you provide us will similarly not infringe on any third party’s intellectual property rights. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, WE, KAI CO. LLC, MAKE NO WARRANTIES WHATSOEVER. WE EXPLICITLY DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. EXCEPT AS MAY BE EXPRESSLY PROVIDED, OUR SERVICES AND ANY MATERIALS DELIVERED TO YOU ARE PROVIDED “AS IS.”
  16. Assignment: In general, you don’t have the right to assign this agreement to any other individual or business organization. However, you may assign this agreement to an heir or an organization that acquires all or most of your stock, assets, or business. This agreement will bind your heirs, assigns, executors and administrators.
  17. Waiver: If one of us chooses not to act on a breach of this agreement, that choice won’t waive our right to enforce the agreement based on a different breach.
  18. Modification: This agreement can only be modified by a writing signed by both of us.
  19. Severability: If any provision of this agreement isn’t enforceable, the rest of this agreement remains valid and enforceable.
  20. No Third Parties: This contract is only intended to benefit you, the client, and Kai, not any third party.
  21. Force Majeure: We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond our control prevents us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.
  22. Governing Law/Forum Selection: Oregon law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Eugene, Oregon, and not anywhere else. You submit to the personal jurisdiction and venue of those courts. We’re represented by Eugene Lawyer Barry Davis
  23. Headings: Headings for each paragraph are provided for convenience only. They won’t be given legal effect in interpreting or limiting the scope of the agreement.
  24. Entire Agreement: This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.

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