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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9181296Project proposal: OpenStreets 2018 Client: FC Bikes Delivered on: February 06, 2018 Submitted by: Jill Maasch Overview and Goals Dear Tessa and Nick, Thank you for allowing Mantooth the opportunity to submit a bid for Open Streets, 2018. This event has been one of our favorite to create, alongside your team, and watch grow with over the years. We are excited to be apart of the 2018 Open Streets events. If you have any questions about the proposal below, please let me know. Sincerely, Callie Morgan Account Manager Mantooth Marketing Company Page 1 Page 2 2 Open Streets Events: (1) June, (1) September, 2018 BELOW ARE THE FOLLOWING TASKS MANTOOTH WILL EXECUTE IN 2018: • Graphic Design - $2000-$3000 and 26 - 40 hours per event ◦ With a change in the focus of the event, there will need to be a change to all previously created materials. • Meetings and Consultation - $1500 and 20 hours per event ◦ This will include attending planning meetings and providing consultation on logistics, planning, setup. • For additional event support, we can provide services at $75 per hour. Scope of Services Page 3 Your Investment Below is the budget we've estimated based on the scope of services outlined earlier in this proposal. If you have any questions about our pricing or need to increase or decrease the scope of work, please let me know. 2018 OPEN STREETS Description Price Events Total Graphic Design 26 - 40 hours per event, $2000-$3000 max budget $3,000 2 $6,000 Meetings and Consultation 20 hours per event, $1500 max budget $1,500 2 $3,000 Total $9,000 For services in addition to the hours and dollars above, we will charge $75 per hour. If we do not reach the hours estimated in this proposal, we will only bill for the services actually provided. Statement of Work & Contract Date: February 06, 2018 Between "us", Mantooth Marketing Company, and "you", FC Bikes You FC Bikes, are hiring Mantooth Marketing Company to complete the work listed above, for the estimated total price of $9,000.00 as outlined in our previous correspondence. 2.0 Mutual Cooperation We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work. 3.0 Charges for Services Performed 3.1 Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Mantooth Marketing Company. 4.0 Terms of Payment 4.1 BILLING SCHEDULE We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule. The total budget for this project: $9,000.00 Mantooth Marketing Company will invoice FC Bikes monthly for the services rendered during that time. FC Bikes will supply Mantooth Marketing Company with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable). 4.3 CLIENT AGREEMENT TO PAY Payment terms are 30 days from the date of invoice. In the event payment is not made within 30 days, Mantooth Marketing Company will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Mantooth Marketing Company pays for carrying overdue invoices from FC Bikes. In addition, Mantooth Marketing Company reserves the right to stop work until payment is received. Page 4 4.4 COLLECTION COSTS In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses. 5.0 Cancellation of Plans You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses. 6.0 Responsibilities of Mantooth Marketing Company and FC Bikes 6.1 AGENCY CO.'S RESPONSIBILITY FOR RELEASES We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable). 6.2 CLIENT RESPONSIBILITY FOR RELEASES You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them. Then when your final payment has cleared, copyright will be automatically assigned as follows: You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that. 6.3 CLIENT RESPONSIBILITY FOR ACCURACY You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement. 7.0 Confidentiality Page 5 Mantooth Marketing Company acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Mantooth Marketing Company on behalf of FC Bikes or disclosed by FC Bikes to Mantooth Marketing Company. 8.0 Term and Termination 8.1 Period of Agreement and Notice of Termination This Agreement shall become effective as of February 08, 2018 and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other. 8.2 TERMINATION FOR CAUSE Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default. In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement. 8.3 PAYMENT FOR NON-CANCELABLE MATERIALS? Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the FC Bikes, that any such materials and services, are non cancelable. 8.4 MATERIALS UNPAID FOR If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services. 8.5 TRANSFER OF MATERIALS Page 6 8.5 TRANSFER OF MATERIALS Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by FC Bikes to Mantooth Marketing Company, Mantooth Marketing Company shall transfer, assign and make available to FC Bikes all property and materials in its possession or control belonging to FC Bikes. FC Bikes agrees to pay for all costs associated with the transfer of materials. 9.0 General Provisions 9.1 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 9.2 REPRESENTATIONS AND WARRANTIES The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party. 9.3 ENTIRE AGREEMENT Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter. 9.4 SEVERABILITY If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect. 9.5 LIQUIDATED DAMAGES FOR HIRING MANTOOTH EMPLOYEES: If, during the term of this Agreement or for twelve months thereafter, Client directly or indirectly retains the services (whether as an employee, independent contractor or otherwise) of any employee of Mantooth (or ex-employee within three months of the employee's termination from Mantooth) who has provided services to Client on behalf of Mantooth, Client agrees that Mantooth will be damaged, but that the amount of this damage will be difficult to determine. Client agrees that Mantooth has expended time and effort into finding, hiring and training its employees and if Client were to take an employee of Mantooth after having worked with such employee, Mantooth's would be damaged and would have to find, hire and train another employee to replace the one taken by Client. Accordingly, Client agrees that for each such Mantooth employee hired by Client, Client will pay Mantooth Twenty-five Thousand Dollars ($25,000) as liquidated damages, not as a penalty, but as damages for the loss of the employee. Page 7 Tessa Greegor, to accept this contract, click the Accept button and sign at the prompt. You will be emailed a copy for your records Page 8 NEXT STEPS 1. Please read the contract on the previous page to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship. 2. If you have any questions at all, please let us know. We’re happy to clarify any points and there may be some items that we can sort out together. We’re committed to finding the best way to work together. 3. Once you feel confident about everything and are ready to move forward, please click the 'sign here' button below. 4. Sign in the box that pops up to make the acceptance official. 5. Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps and get the project rolling. 6. We’ll email you a separate copy of the signed contract for your records. 7. If you’d like to speak to us by phone, don’t hesitate to call 970-663-1888 Page 9 Jill Maasch, Account Manager Tessa Greegor FC Bikes