Terms and Conditions, Terms of Service, and Privacy Notice
Definitions: All agreements are between 360 Marketing & Advertising LLC, DBA 360 Elevated, affiliated DBA, and the “client.” Individually or collectively referred to as “Client,” the “Client” is defined as all officers, managers, principals, members, partners, employees, assigns, attorneys, trustees, successors, registered agents, third-party agents, and third-party vendors. Since 1999, our terms of service have included minor updates and ongoing updates on laws and third-party technology services. Clients are responsible to maintain and review these third-party updates on an ongoing basis for terms and conditions updates. Effective June 1, 2018, updates are ongoing.
Acceptance Through Use: By using our sites and requesting services, calling, receiving bids, proposals, and prospective service bids, requesting interviews and meetings you agree to be bound by all of the terms, conditions, and notices contained or referenced in these Terms of Use. You should review and monitor the terms of use. This section outlines goods and services and the constructive knowledge, pricing, responsibilities, and expectations of provided services, if applicable to you as a consumer of our online products or services, client, or prospective client.Terms of Service by 360 and or subsidiaries and affiliates of 360 (“360”, “we,” “our,” and “us”). We offer a wide variety of resources, products, and services, which include software services, technology services, branded creative content services, communication tools, online directories, administrative services, download areas, advertising, and information, some or all of which may be accessed through a variety of means)—changes to the Terms of Use. We may revise and update these occasionally at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Terms of Service are for all consumers of our products, community members, vendors, employees, freelance artists, and current, former, and potential Clients of our products and services.This Terms of Service Agreement(the “Agreement”) sets forth the terms and conditions on which you (the “Client, Operator, Employee, Successor, Assigns, Member, Principal, Registered Agent, Agents, Vendor,” or “Freelancer”) have engaged 360 or its affiliated companies to perform Services as outlined herein. Our agreements and service terms are legally binding agreements between you and 360. Annual” means no less than twelve months of services, which are billed monthly on financing terms as a secured commercial transaction. As a 360 Potential Client, Active Client, Employee, or Vendor, you agree to be legally bound by the terms and conditions outlined in this agreement. The “Effective Date” of this Agreement shall be when you submit your order for proposal, bid, and services by 360. Included in the bid are detailed “Scope of Work” line items. Each party represents that it is legally authorized to enter into this agreement for services and the recurring authorized payment agreement for secured commercial transactions, and by agreeing and signing below, will render this agreement legally binding in the State of Utah on such corporation or business entity.COI Business Insurance Coverage Required:Clients understand they are responsible and required to carry: The client’s business organization is required to carry and provide 360 with a copy of their COI, which covers your business’s general liability, errors and omissions, and cybersecurity insurance policy. To be verified across all platforms, a copy must be provided for third parties such as Google.
We respect your privacy and do not sell your information. Your personal information is not for sale; it may be used across advertising and marketing platforms or networks of partners and affiliates at our discretion.
Onboarding, Orders, and Proofing: Centralized Transparency for Streamlined Approval Process and Timelines: 360 ELEVATED has implemented a marketing approval process to improve collaboration and consistency among our partners and the 360 creative team. In the first month, we establish a channel for transparency between our partners and team and utilize this for asset collection, feedback, and our one-time proofing system. Partners and creative teams can collaborate seamlessly using the centralized, transparent system and PDFs. The Management service hours can be used for other services and rotated as needed. Our transparent system, feedback, and approvals across various content types, including images, videos, audio, and website.
Client Portal Access or a shared Drive is available upon request; email and or SMS reminders are sent out before renewal month dates as a friendly reminder. When signing this agreement, the Client acknowledges receiving the marketing guide media kit, onboarding process, and “what to expect in the package,” as well as pricing options for services, creation, software, management, and Management Services Package pricing. Additional discounts are available for longer-term agreements.
Notice of Audio, Video Recordings for Transparency—360 office locations, phones, and virtual meetings use audio and video recording devices and softwares that may be used to archive meetings, trainings, collaborations, notes or for client and 360 business and prospective business purposes. Due to the cost of services, terms and conditions, agreement lengths, terms of service, software, and the complex realm of technology, all agreements are in writing for transparency for all vendors, freelancers, current or former Clients, prospective Clients, and employees. In addition, our office calls, meetings, and systems are monitored and recorded for ongoing training and transparency. Any changes to your services must be updated in writing by emailing your 360 client relations.
Cancellation Policy: Thank you for understanding that if you wish to cancel, you may do so within four (4) business days of signing and accepting all terms and conditions in this agreement. After four (4) days of signing and accepting this agreement, all services, including third-party software-as-a-service agreements, are initiated and billed accordingly for the contract term. There are no refunds, cancellations, or early terminations.
Goods & Services: 360 ELEVATED® is a full-service professional firm that provides a wide range of products and services. You may choose from an hourly rate, month-to-month, project-based, or Multiple services in packages referred to as Fractional Team Services, Creative & Managed Services, Retainer or Management Fee-Based Services. All include flexible services for set hours per month. These packages are typically long-term contracts with added value and discounted rates to your company. These packages allow your business to hire a team of professionals, back up your marketing departments, or even offset your business’s in-house employees and payroll expenses. Due to the pace of the technology industry, we update our services frequently to offer the best solutions.
1)Fractional Team Services/ Annual Creative and Managed Services / Management Fee Packages: allow our Clients to receive recurring work, up-front hours, a set-aside time or block of hours every month, and multiple services at a lower-than-hourly rate. Time is of the essence of these agreements. Fractional Team services include 360 payroll costs for staff to provide your recurring creative work, marketing technologies, software, programming, development, coding, and content creation within our service pricing. The Client has reviewed all options for the Management Services Package, project-based rates, hourly rates, add-on services pricing, and terms of service. Specific Industries require 24 to 36-month agreements, such as the medical industry. The minimum duration is one year, with twenty-four to sixty-month agreement options depending on the client’s industry. Government contracts are a 36-month minimum, medical contracts are sixty months, and non-profits with a Google grant are thirty-six months. This includes management and content creation for multiple platforms, software as a service, analytics, and campaigns. All Management Fees require call tracking, call recording, and call analytics. Future campaigns, retargeting campaigns, and text (SMS) campaigns will be archived and used for accuracy in Client reporting.
2)Project-Based or Add-on services, Upgrades, projects, added hours, or services not listed in the scope of work but directed to perform services are billed accordingly. Standard add-on services are Website Development, Videography, and Photography, which are priced and billed separately from any recurring package.
3)Specific Business Service Disclosure: Media Buying, Paid Media. Advertising Spend, PPC, SEM, PAID AD SPEND 360 Manages our clients’ paid advertising spend, also known as Google Ads, SEM, PPC, and digital marketing ads on networks. Ad spend budgets for multiple platforms, such as Broadcast TV Networks, Radio Networks, Streaming Channels, Google, Facebook, Instagram, YouTube, Snapchat, TikTok, and other digital display networks, can be adjusted quarterly or semi-annually by emailing 360 Marketing & Advertising. To maintain transparency and allow you, our client, the discounts provided under our agency certifications and accounts. The client’s business ad accounts are established in the client’s business name under the Agency Certified Partner Agency with Google’s terms and conditions. Nonpayment of ad spend on third-party platforms such as GOOGLE can freeze your account URLs for nonpayment, and services will be terminated immediately. The Client has constructive knowledge of our terms of service, pricing, management, and third-party billing terms, and third-party business verification requirements:https://support.google.com/business/answer/7107242?hl=en.
Clients should communicate a basic minimum annual and quarterly budget for media buying. Clients are responsible for third-party media, paid advertising services, business verifications, providing the required COI Insurance, and budgets as the ads run and service your brand, url and business. These third parties may have varied billing services, which we communicate with you as we create and manage your campaigns. This may include softwares, and platforms like Google, Facebook, Instagram, OTT ESPN, Disney, broadcast networks, online local publishers, and news media networks. The Client acknowledges and agrees to all terms and annual renewal agreements with outside third-party corporations for services. There are no refunds, cancellations, early terminations, or disputes after initiating the contract or renewal to purchase goods and services. *See *Buy-Out Clause in extreme circumstances. .
Industry Specific Business Service Disclosure: Government Agencies, Healthcare Industries, and 501(c)3 Nonprofits: Contract Terms: Time is of the essence concerning this Agreement’s Terms, Additional Extensions, and Renewal Terms. Fractional Team Agreements and service hours are available in longer terms for added value. The term of this Agreement shall commence on the Effective Date and continue for an initial period of five (5) years. Upon the conclusion of thirty-six (36 ) months, the parties may review the Agreement’s pricing, services, and terms. During this review period, either party may provide a written ninety (90) day notice of intent to terminate the agreement or extend or modify the terms of the agreement. Unless terminated as provided herein, this agreement shall extend and/or automatically renew for successive three (3) year periods unless either party provides written notice of its intention not to renew at least three (3) months before the expiration of the initial term or any renewal term. Third-Party Term Requirements: The Client acknowledges and agrees to comply with all applicable third-party requirements, including, but not limited to, Google’s regulations for the medical industry. These regulations mandate a minimum service term of at least twenty-four (24) months. These clauses clarify the agreement’s duration, review, renewal, and compliance obligations, ensuring proper management of contractual terms and adherence to external requirements. Nonprofit organizations with the Google Grant for Nonprofits have a minimum three-year term in conjunction on Google Grant processes.
501(c) 3 Google Grant Requirements havethree-year minimums and auto-renewal terms. The initial term of these Agreements shall be five (5) years. Upon the conclusion of eighteen (18) months, the parties may review the Agreement’s pricing, services, and terms. During this review period, the Client may provide a written ninety (90) day notice of intent to terminate the Agreement or mutually agree to extend its terms. A defaultin payment or a chargeback on your payment will terminate access to all softwares, domains, services, platforms, websites, creative assets, immediately. Collections fees and attorney’s fees. Any services supplied and rendered will be paid for in full.
Service Disclosure: Website hosting, SaaS, and cybersecurity. Website Licensing Development: Website development is bid and priced as a one-time project. If you wish to maintain ongoing website design updates, this is billed hourly once a website build is completed. If you want to include continuing maintenance after completing your website development project, you can use a portion of the allotted hours in our Management hours service package. Links outside the Client’s website are outside our developer’s control. 360 is not responsible for third-party links or software. We make every effort to host and maintain websites. Include basic hosting, back-ups, SSL certificates, and security.
Service Disclosure: Business Development, Consulting, Training, Merger & Acquisition policies Survival on Merger or Acquisition. Suppose the Client’s company is acquired during the term, or is the non-surviving party in a merger, or sells all or substantially all its assets. In that case, this agreement shall not automatically be terminated. The Company agrees to use its best efforts to ensure that the monthly recurring price is honored regardless of changes in the terms of the underlying contract or agreement between 360 and the primary business organization.
Continued Obligation: This guarantee shall remain payment processing for one-time project-based services, hours, projects, or additional hourly work. The transferee or surviving company shall assume and be bound by this agreement’s provisions, terms, confidentiality, and pricing. Engaging in business management consulting, including merger and acquisition (M&A) consulting, necessitates strict confidentiality and compliance with the terms and conditions outlined in our service agreement. Given the extensive time frames typically associated with mergers and acquisitions—averaging five years—this agreement ensures clarity, accountability, and protection for all parties involved and potential liabilities related to third-party interference, which can be crucial if there is tortious interference.
Business Development, M&A, Consulting Service is billed at an hourly rate: Minimum $198 per hour. Plus the costs of items such as business evaluations. This service includes, but is not limited to, build out of separate landing pages, digital advertising campaigns, and conducting interviews with companies and personnel as part of the business development, retirement or merger, acquisition due diligence process.
Prohibition of Interference witha Business Contractual Relationship: Intentional and improper interference with a planned merger or acquisition, such as actions that result in the cancellation of a deal, constitutes a breach of contractual obligations. Such interference may include tortious acts leading to financial losses or punitive damages.
Liability for Breach: Any corporation, business organization, or individual responsible for a breach of these terms, including tortious interference with a business contractual relationship, will be held personally liable. Liabilities include, but are not limited to, incurred costs during due diligence.
Financial loss and punitive damages: As specified, the minimum cancellation fee is equivalent to 90 days of consulting services, plus hard costs incurred, and up to four times the damages, plus attorney’s fees. This disclosure and the service agreement protect the integrity of the consulting process and ensure accountability for all parties engaged in M&A services.
Training and Staff Training isan add-on service and provided at a per day rate.
Travel Costs: Travel Costs Apply for all services including Video Production or Commercial Photography. On-location travel, up to 50 miles, is included in all pricing. Additional travel, time, and service costs outside regular business hours may be applied.
Hours in Fractional Service Packages: Unused hours are not carried over from month to month. We allow varied services on a planned schedule.
Meetings: We provide detailed strategy and content calendars and ideas for you and your employees to schedule content meetings with us quarterly and ninety days in advance for the content creation process. For example, we call, email, and collect ideas for Q1 (January, February, March) by October 1st to allow “BUILD TIME.” This helps streamline the workflow for your recurring hours, design, copy, marketing, campaign call to action, seasonality, and version control in the approval process. Clients and their employees engaged with the business are responsible to provide information on an ongoing basis to the 360 creative team.
Strategy: In your annual management package, we build and follow a yearly strategy built in conjunction with you. Depending on your package and service hours, we offer monthly, quarterly, and semi-annual meetings for review to streamline the workflow for our team and your organization.
Deadlines and Automated Reminders: Proofs for Projects or recurring designs are sent once a month for all platforms, typically between the 23rd and 28th of each month. Please let us know if you need proof sent to multiple people or departments for approval. Any changes to proofs must be responded to within three business days.
Creative Production Timeline: Our creative and marketing team works on a 60-day advance production schedule to ensure optimal results for all clients.
Proofing and Revisions: Our standard process includes one (1) round of proofing per deliverable. Any additional revisions or proofs beyond the initial round will be subject to our standard hourly billing rate. Please carefully check all details, including but not limited to spelling, layout, colors, design, and overall content.
Performance Disclaimer: Due to the evolving nature of technology, the proliferation of media platforms, and the vast range of targeting options available, we do not guarantee specific results or outcomes. Advertising spend allows for various approaches to reach potential customers; however, results may vary depending on numerous uncontrollable factors such as market conditions, platform algorithms, consumer behavior, and timing. Strategic recommendations are based on best practices and industry experience but are not promises of performance or conversion.
Renewals: Due to larger technology companies offering software as a service, known as “SaaS,” all auto-renewals are for at least 12 months. You must provide a written ninety-day notice to change services or cancel before your renewal month. This allows us time to notify third-party software as a service organizations.
Recurring Content Approvals: It is considered approved if we do not receive changes within three to five days. Thank you for responding to our proofing. We work on a one-time proof system for a fast turnaround time. Proofs, links, and portals are typically sent during the month’s third or fourth week of the month, between the 20th and 30th. If we do not receive a response, recurring artwork and proofs will be published as-is. Additional revisions or last-minute revisions are billed at the hourly rate.
Raw Files: We do not store raw files or provide working files. If raw file storage is requested, additional data storage fees may apply.
Storage or Archive of Assets: Additional Fees Apply if you request us to archive, store, and need additional storage. If services are terminated due to nonpayment, we do not archive or store assets longer than thirty days, due to the additional storage costs.
Online Digital Listings: Client understands and acknowledges that various third-party Digital Listings such as Google My Business, Yelp, Nextdoor, Google Maps, etc can be established and content published by third parties and consumers, typically reviews, however consumers can adjust maps and update locations information. Client is responsible and accountable for business listing verifications, and acknowledges that consumers on a global basis can “suggest updates” to these listings. 360 is not responsible for business verifications, consumer reviews, consumer suggestions on listings or any such third-party online digital listings and that third-party processes and requirements. The Client has constructive knowledge of our terms of service, pricing, management, and third-party billing terms, and third-party business verification requirements:https://support.google.com/business/answer/7107242?hl=en.
Inability to Verify: 360 is not responsible for any costs or loss due to the client’s inability, failure, or delay to obtain required verifications from third-party service providers, including but not limited to Google, for industries such as government agencies, medical, health and wellness, nonprofit organizations, etc.
Link Building and SEO Backlinks: Backlinks are essential to a website build and SEO Strategy. The Client agrees to the terms and conditions allowing backlinks to articles and images for third-party affiliates and showcasing work provided by 360 in our portfolio for 360 and MY LOCAL UTAH.
Online Marketplaces, Third Party sites, social media marketplaces and products. Third parties may make available Services through the Marketplace or otherwise. When you elect to use third-party services, we may make available information about you and your Customers for enhanced user experience and/or any other unique customization for you or your Customers. We do not control third parties and are not liable for third-party services. When using third-party institutions, your security is your responsibility. We do not endorse, warrant, guarantee the continued availability of, or support any third party. Any acquisition of the third products or services and any data exchange with an applicable third party is solely between you and the applicable third party. You agree not to circumvent Marketplace and contract with any of the providers in Marketplace you have come to know through us or our Services without our prior written consent.
Event Marketing or Shared Events: Our Events and promotions may be jointly collaborated, managed, sponsored, or offered by third parties. Suppose you voluntarily choose to enter or attend an event. In the event case, we may share your information with third parties as outlined in the official rules that govern the Event, for administrative purposes, and as required by law (e.g., on a winners list).
Public Information: If you identify any User Information as public, you authorize us to share such information publicly.
Information You Choose To Submit by phone, email, contact forms, attending an event, expo: As a consumer or current or prospective business client, prospective business client, freelancer, contractor, employee, or vendor, you can visit our sites and pages online and view our integrated services. If, however, you wish to receive additional information on our goods and services, you must provide specific data (for example, your name, phone, place of business, and email address). You agree to our TCPA policy that we should contact you to do so.
Views Expressed: views, thoughts, and opinions expressed in the text belong solely to the author and not necessarily to the author’s employer, organization, committee, or other group, individual, brand or partnership. Use at your own risk: none of the employees, directors, authors, contributors, administrators, or anyone else connected with MY LOCAL UTAH, 360 Marketing & Advertising LLC, and its affiliates or partners in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages or social media sources.
Fair Use Content Disclaimer & Notice: This site may contain copyrighted material that has not always been specifically authorized by the copyright owner.” We are making such material available. We believe this constitutes a fair use of any such copyrighted material as provided in Section 107 of the US Copyright Law. Right to Opt-Out: To the extent we sell your personal information, as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt out of us selling your personal information to third parties at any time. You may submit a request to opt out by clicking Do Not Sell My Personal Information. You may also submit a request to opt out by emailing us.
Cookie Policy and /Tracking Technologies: We use tracking technology such as cookies, local storage, and pixel tags to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor; it is aggregated and, therefore, anonymous. Types of cookies include the following: Cookies and Local Storage, Analytics and Performance Cookies, Essential Cookies, Social Media Cookies, Pixel Tags, App Technologies, Location-Identifying Technologies, and any other marketing data technologies associated with our services.
Important Information for California Residents: Your California Privacy Rights. These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides extra rights to know, delete, and opt out, which requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their ordinary meaning. For example, the definition of “personal information” under the CCPA includes your name and more general information such as age. Shine Light California’s “Shine the Light” law permits customers in California to request specific details about how certain types of information are shared with third parties and, in some cases, affiliates for those third parties’ affiliates’ direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt out of this type of sharing. To exercise a Shine the Light request, please contact us at [email protected] or My Local Utah and or 360 Marketing & Advertising LLC c/o Legal Department, My Local Utah and or 360 Marketing & Advertising LLC 80 East Antelope Drive Layton, Utah 84041. You must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. Please note that we will not accept inquiries via telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly or that do not have complete information. Important Information for Nevada Residents- Your Nevada Privacy Rights If you are a resident of Nevada, you have the right to opt-out and opt out of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us here or emailing us with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. How We Respond to “Do Not Track” Signals Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how My Local Utah and or 360 Marketing & Advertising LLC responds to “Do Not Track” browser settings. Industry participants have no consensus about what “Do Not Track” means in this context. Therefore, like many websites and online services, the Services do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. For more on “Do Not Track,” please visit each site’s homepage tab to manage your permissions.
Recurring Credit Card Payment Authorizations and Payment Information: By engaging with 360 Marketing & Advertising LLC for services, the client agrees to the following payment terms:
Billing: Recurring billing is processed on or around the first of each month. The billing system is automated in case of a change in the card or a decline. If a card or payment authorization needs to be updated, please email [email protected]. Recurring annual packages are billed monthly on financing terms as a secured commercial transaction. Business accounts must provide an authorized recurring credit card and business ACH for secured commercial transactions and future purchases of goods and services. The undersigned guarantor(s) accept full financial responsibility for all amounts due arising from services and goods purchased and rendered, including but not limited to fees, charges, and costs incurred. The guarantee provided by the undersigned is unconditional. It remains in effect until the note or agreement related to the services offered and the contract term by 360 Marketing & Advertising is paid in full. The undersigned unconditionally guarantees payment of corporate debts. The officers of a corporation are liable for all payment terms, contract terms, financial liabilities, contract length, terms and conditions, and third-party services managed on behalf of the business entity. For recurring management packages, our company allows your service hours with our employee payroll hours, design, and content creation, which are scheduled and completed ninety days in advance. You agree and understand that 360 requires ninety days’ notice to change a service, upgrade your package, or add project-based or individual add-on services during your agreement. The business owner, corporation, and or person signing this agreement is an authorized user of a credit card being used to pay any amount, and a software as a service agreement is included in services under this agreement; the cardholder or authorized representative of the business represents that they are an authorized signer for the credit card.
Global or International Corporations: All pricing, rates, and quotes are USD. Payment terms and conditions for International companies require payment in full by wire transfer only.
International Use. Our sites are intended for legal U.S. residents residing within the United States’ geographic borders. If you choose to access our sites from anywhere other than the United States, you accept full responsibility for compliance with the jurisdiction’s laws where the access occurs.
Client Payment Obligations: All invoices issued by 360 Marketing & Advertising LLC are due and payable in full by the due date specified on the invoice. Billing is in arrears, and payment is due in full upon receipt. Timely payment is a condition precedent to the continuation of services. Dispute of payment will result in immediate termination of services.
Client: understands and agrees to contact 360 Marketing & Advertising in writing if there are any changes to the credit/debit card information. I received and acknowledged all merchant pricing, recurring credit card processing terms and conditions, and pricing options disclosed. As the authorized debtor, business owner, principal, shareholders, partner, employee, manager, member, registered agent, agent, assigns, successors, or members, authorizes and grants secured commercial transactions through Article 9 of the UCC as a security interest in the personal property collateral to the creditor. In the event of an unpaid balance, collection, or attorneys’ fees up to 40% plus 18 % Interest, or it may result in a lien on personal property for the secured commercial transactions, I understand that assets are not released on unpaid contracts or past due balance. All fees are in U.S. Dollars. The Debtor, business owners, principals, partners, members, proprietors, founders, directors, or corporation shareholders grant secured commercial transactions and agree to the secured property guarantee of contract terms and conditions, duration, and financing terms to the creditor. https://www.360elevated.com/privacy-policy/. This authorization will remain in effect through the contract term. The undersigned authorizes 360 Marketing & Advertising to set up secured commercial transactions and recurring payments for future purchases of goods and services.
The undersigned debtor understands that the ninety-day notice is required in writing to change services, agrees and grant secured commercial transactions and understands the personal guarantee of payment through Article 9 of the UCC, terms of service, discounts provided for long-term agreements, and the policy of No cancellations, no refunds, or early terminations for recurring goods and services, creative and managed goods and services, wholesale products and services, software as a service after the original four-day rescission has lapsed and the contract is initiated. Payments may be required in full at the time of order for manufactured products, merchandise, website development, video production, and commercial photography. This Recurring Credit Card and ACH Payment Authorization is for future purchases of goods and services. The debtor Payment Plan, Payment Terms of Service, and Recurring payments to the creditor are processed on the 1st and 15th of the month. Convenience Fees are 3% for all transactions. You may update and change this authorization by contacting us in writing at [email protected]m.By signing the agreement for services, as the debtor, the client understands, agrees, authorizes, and grants permission to the creditor, 360 Marketing & Advertising LLC, to retain and charge my credit cards or ACH provided for future goods and services, secured commercial transactions, and purchases.
In the event of an outstanding balance, payments are first applied to the client’s outstanding invoice.
Disclosure: Nonpayment & Service Terminations
Payment Default: We do our best to help clients in unforeseen circumstances. It is best to communicate with us in case of a default. Default in payment or a dispute will immediately terminate services, and result in collections, and attorney’s fees. If the Client fails to pay any amount under this agreement due or otherwise defaults in its obligations set forth herein, this agreement, at the option of 360 Marketing & Advertising, the entire balance owed for the contract term length by the Client shall become immediately due and payable. This may be sent to an attorney or collections agency for complete payment and may result in immediate termination of services. To avoid service interruptions, the client is responsible for ensuring all payments are made on time to all parties including third-parties. Non-payment, including dispute of credit card payments for all marketing and advertising services, including third-party software services, third-party ads, third party platforms, will result in an immediate cancellation, collections, attorney’s fees, and damages will apply.
Failure to Pay: If you fail to pay any amount due, 360 may immediately suspend and terminate services, access to platforms, software, social media, and other managed and creative services. Court Costs, Attorney’s fees, and collections fees will apply to amounts due for services rendered for the term of the agreement, NON PAYMENT – NSF or ACH returned check fees will apply, returned payments, declined credit cards, and non-payment of all marketing services will result in immediate service interruption or account suspension or deletion, including various third-parties such as Google, Meta, The Client is responsible for any balance owing; additional collection and attorney’s fees will apply. This will be used for all outstanding, disputed, and NSF checks. The NSF fee is $25. Any discounts received will be charged back, and services will be charged at the regular rate of $195.00 per hour, plus interest, collections, and attorneys’ fees in case of any default of this contract agreement and terms. 360 reserves the right to sell assets to recover costs at its sole discretion.
Late Fees, Finance Charges: A finance charge of 1 1/2% per month (annual percentage rate 18%) of the unpaid balance will be added monthly. Should collection become necessary, the Client is liable for the 40% third-party collection company fees and all legal fees of collection, with or without a suit, including attorney fees and court costs. A finance charge of 1 1/2% per month (annual percentage rate 18%) of the unpaid balance will be added monthly. Should collection become necessary, the client is liable for the 40% third-party collection and or attorney fees.
Chargeback Liability. You agree to be held personally responsible and liable for (a) any Chargebacks, refunds, and any fines, fees, charges, or expenses of any nature about such Chargebacks and refunds, collections, attorneys fees, especially in the event of services rendered, and an annual agreement with discounted terms was negotiated. ; (b) where a Chargeback occurs; we shall immediately be entitled to debit your account, a deduction from any amount received by us, and/or invoice you to recover the full amount of the relevant Chargebacks and any other expenses. Your obligation as the debtor is to pay Chargebacks, which shall survive the termination or expiration of this Agreement.
Past due accounts: These become an immediate attempt to collect a debt. Any discounts or free services for a long-term agreement may be charged back at the regular hourly rate if the contract defaults. The client’s business entity, members, executives, directors, principals, partners, owners, employees, and “the Client” agree to Indemnification and Hold Harmless 360. Suppose a dispute arises from or relates to this contract or the alleged breach thereof. In that case, the Client agrees in good faith to, at a minimum, honor pricing, terms, and conditions to resolve the dispute without resulting in legal action. Any information obtained will be used to collect a notice of default for payment. By signing up for services and/or using this website and submitting a contact form, calling virtual or in-person meetings, requesting information, or scheduling an appointment, you are deemed to have read and agreed to the publicly published terms and conditions. “The undersigned debtor agrees and authorizes recurring payment authorization for purchases on my credit card or ACH for goods and services to the creditor, 360 Marketing & Advertising LLC, and associated DBAs or affiliates to retain my ACH, credit, or debit card information to process payments on my credit card or ACH for purchases of goods and services for the contracted term or until I notify them in writing”
Consequences of Nonpayment: In the event of nonpayment or failure to remit payment by the due date, 360 Marketing & Advertising LLC reserves the right to suspend and terminate services immediately without further notice. Including but not limited to cessation of marketing activities, creative services, accounts, platforms, software, advertising services, media placements, content creation, website maintenance, and other contracted services. Dispute of payment will result in immediate termination of services.
Reinstatement of Services: Reinstatement of services following suspension or termination due to nonpayment will be subject to 360 Marketing & Advertising LLC’s discretion. Accounts and software services that are more than sixty days past due cannot be recovered after sixty days. Our policy on nonpayment or early termination agreements is as follows: We will not incur additional expenses to recover or archive assets that have not been paid, or a chargeback was incurred after services were provided. Additional reinstatement fees, prepayment requirements, or revised contract terms will apply.
Third-Party Billing: The Client has constructive knowledge of our terms of service, pricing, and third-party billing terms. 360 is not liable for any billing of or for third-party SAAS management services, setups, billing, or Client and authorized employees-initiated services during training of employees or Clients directly or indirectly. The Client is provided with all rates, pricing options, and terms of service before signing agreements, during the time of service, and renewal appointments. For transparency, we make this available by request in the Client portal, drives, or channels and can be accessed anytime to verify pricing and the services. 360 also offers in-person scheduled appointments to review during business hours.
Payment Subprocessing. To the extent applicable, you appoint 360 Marketing & Advertising LLC as its limited payments agent for the sole purpose of receiving, holding, and settling payments to 360 Marketing & Advertising LLC for the clients length of the term of the agreement for all goods and services. Invoices are sent and automated Payments are processed through our processing Platforms. 360 Marketing & Advertising LLC or its third-payment processor will settle payments that are actually received by 360 Marketing & Advertising LLC, including payments received by 360 Marketing & Advertising LLC’s third-payment processor on behalf of 360 Marketing & Advertising LLC to you, less any amount owed to 360 Marketing & Advertising LLC, including taxes, fees and,d other obligations, and subject to this Terms of Service and the third party processor’s terms and conditions (“Payment Settlement”). We use several third-party payment processors such as Square, Stripe, and QuickBooks for automated invoicing and billing. The payment settlement is carried out by these payment processors and any of their financial service providers under a separate Connected Account Agreements.
Mandatory Arbitration Clause: Arbitration AgreementAny dispute, claim, or controversy arising out of or relating to this agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the products or services provided under this agreement (collectively, “Disputes”), shall be subject to binding arbitration, rather than litigation in court. Arbitration Procedure: The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or Consumer Arbitration Rules, as applicable) then in effect, except as modified by this Agreement. The arbitration shall be conducted by a single arbitrator who shall be a licensed attorney or retired judge with experience in commercial contracts. The arbitration shall occur in Davis County, State of Utah, or virtually, at the sole discretion of the party initiating arbitration. Arbitrator’s Authority: The arbitrator shall have exclusive authority to resolve any Dispute, including the scope and enforceability of this arbitration provision, and shall be empowered to grant whatever relief would be available in a court under law or in equity, including injunctive and declaratory relief. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Governing Law and Severability: This arbitration agreement shall be governed by the Federal Arbitration Act and the laws of the State of Utah without regard to principles of conflicts of law. If any part of this arbitration clause is found to be unenforceable, the remainder will remain in effect. 360 is not responsible for any costs or loss due to the client’s inability, failure, or delay to obtain required verifications from third-party service providers, including but not limited to Google, for industries such as government agencies, medical, health and wellness, nonprofit organizations, etc. The parties agree to first attempt to resolve disputes under this agreement through good faith negotiations.
Telephone Numbers, Call Tracking software: Due to data and privacy laws and the variance of laws from state to state nationally and globally, All Management Fees include call tracking, recording, and analytics. All content created will showcase this number, which will be provided for lead generation accuracy for all Clients. Other tracking numbers are prohibited and cannot be used in our campaigns, marketing, or packages. 360 provides call tracking numbers, and accurate data is collected for our internal systems. Future campaigns, such as retargeting and text (SMS) campaigns, will be archived and used for accuracy in client reporting. These numbers do not transfer or port over to external systems. In the event of nonpayment, these phone numbers can and may be terminated immediately. Clients are responsible for updates to any online listings which may feature the number in the event your services are terminated. User Submitted Content. Our Sites may contain message boards, chat rooms, personal profiles, forums, bulletin boards, ads that include functionalities to send messages authored by you and to receive messages written by other users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post” or “posted”) content or materials (collectively, “User Content”) on or through our sites or social page.
Content Standards: These standards apply to any User Contributions, including Your Content and Use of Interactive Services. User Contributions, including Your Content, must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations and will be assessed and evaluated at our sole discretion.
Sending in press-ready art or assets: Your business and corporation maintain assets you own before working with our company. By uploading your creative assets, content, photos, videos, and artwork provided to us, press-ready for recurring packages by your internal staff, family, corporation members, employees, vendors, or affiliated business associates, you are responsible for copyrighting assets you own or provide to our office and ensuring your assets are free from copyright infringement. Recurring press-ready submissions are typically due for scheduling no later than the 23rd of each month.
Third-Party Service Providers: Software as a Service Terms and Conditions:The Client has constructive knowledge and understands the scope of third-party software as a service, Management Services Packages, the commitments to length and time, payroll, third parties for software, paid advertising on various platforms; software set up for the Client’s business, development, security, paid advertising, local SEO listings, search engine optimization, search engine marketing, analytics, and insights software, reporting services, and media buys (Example: Google, Facebook, Instagram, Yelp, Twitter, Pandora, Google domain names, GoDaddy, or media buying entities such as various publications, direct mail lists, direct mail costs to USPS, Google Display Networks, Facebook Display Networks, Fox, KSL, ESPN, and Software companies—no refunds or disputes after the original contract has been initiated, disputes will immediately terminate access to all services, accounts, assets, and are subject to immediate collections and attorneys fees for services provided.
Online Purchases and Other Terms and Conditions. All purchases at or through our sites or other transactions for the sale of goods, services, or information formed through our sites or resulting from your visits are governed by the relevant provisions of these Terms of Use. Software as a Service: This Agreement shall remain in effect until all your obligations under this Agreement for the indicated term are fulfilled. After the initial term, this Agreement shall automatically renew for twelve months until a ninety-day notification to terminate in writing via email is received by the 360 Marketing & Advertising office. The Client understands that SAAS will include their business being set up and billed by third parties for various technology services such as Google, Facebook, SEMrush, GoDaddy, YouTube, other additional platforms, and other large technology providers on behalf of their business. 360 Marketing & Advertising is hired to create and manage services on the Client’s behalf, with agreements and payments provided by the Client’s businesses for any software as a third-party service. The client’s business is solely liable for these third-party payment services and agreements with these third parties for their business. 360 reserves the right to terminate this agreement with proper notice or update pricing terms, services, and third-party vendors for similar services. 360 is not liable for any billing of services from third-party SAAS services, third-party media buying services, account setups, billing, the Client’s business, or any services initiated by authorized employees-initiated services. 360 is not liable for the services that benefit your business, including third-party billing of and for third-party SAAS services, setups, billing, or Clients and or Clients’ authorized employees ‘ employee-initiated services.
Disclosure to Service Providers: Content Creators, Freelancers, and Vendors must acknowledge these agreements, agree to terms and conditions and confidentiality, and provide a W-9 yearly to maintain vendor status with 360; otherwise, payment for said services terminates immediately. By uploading your assets and acceptance of payment as a vendor or freelancer for various services from writers, photographers, videographers, cinematographers, journalists, and graphic artists for services such as videography, commercial photography, articles, blogs, writing content, filming, script writing, these industries freelancers and vendors agree to the 360 release and transfer of ownership, license, rights, and terms and conditions, including the reuse of assets you were paid on as a vendor for 360. The release of ownership and reuse is ongoing in the event of an ownership change. The usage of assets, publishing rights, and licensing rights of the said work, paid for by the vendor, will be owned by 360. Rights to all assets, copyright, and release to 360 Marketing & Advertising, paid for the services during the time of the services. Service Providers, third-party rates apply to software as a service: They will be billed accordingly for added software, technologies, media buys, creative services, training services, updates, content, or creation, and will be billed accordingly within our contracted vendor’s guidelines. Non-payment of all marketing services will result in immediate service interruption or account suspension,n or deletion, including various third-party outside vendors. The Client has constructive knowledge of our terms of service, pricing, and third-party billing terms. Hourly service rates are billed accordingly, and the current collaborative hourly rate is $198 per hour.
Domain Name Purchases, Domain Backup Buying, and SaaS: If the Client bought and owned the domain name before working with 360 services, the domain name would transfer back to the Client with a ninety-day notice at the end of the full-filled terms of service and/or full-filled renewal terms and payment terms and conditions. If you have any unpaid balance, assets are prohibited from being reused or transferred until the client balance is paid in full.
Confidentiality of Terms of Service, Indemnification, and Hold Harmless: Clients, former clients, assigns, successors, employees, subscribers, vendors, current and former employees, distributors, and contractors acknowledge and agree to the confidential terms of service, and to indemnify and hold harmless “360 ” individually and collectively, as well as affiliated companies and companies’ respective owners, partners, employees, registered agents, agents, assigns, successors, trustee, members, agents, and affiliates against any claims, liability, loss, damage, or expense including attorney’s fees and other costs of investigating and litigating claims caused, directly or indirectly; whether by error, staffing, knowledge or otherwise including if the Client or Client’s employees, contracted employees, or vendors breach any of the terms of this agreement, representations or warranties which the Client has made in his or her Agreement. 360 is not liable for any billing error for third-party SAAS services, setups, billing, or Clients and or agreements authorized by Clients’ employees or those acting on behalf of the Client’s business as an independent employee or part-time that initiated services with 360, including training of employees or Clients staff directly or indirectly. The Client is provided with all terms of service before signing agreements, during the length of the accords, and at the renewal time frame. It is available in the Client portal and provides access to anytime in-person and appointments to review. Limitation of Liability: Under no circumstances will the 360 or affiliated companies, or any parent company, subsidiary, affiliate, division, officer, director, employee, contractor, or agent of the 360 or affiliated companies, be liable for any damages of any kind or nature whatsoever, whether direct, indirect, punitive, incidental, special, consequential or otherwise, that result from the use of, or the inability to use, the site or any information provided at the site, including the content and your content. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if the 360 or affiliated companies have been advised of the possibility of such damage.
Client Acknowledgement & Statement of Release of Liability:360 Marketing & Advertising LLC shall not be held liable for any damages, losses, or adverse effects from the suspension or termination of services due to nonpayment, clients employee actions, early contract terminations, employee actions, buyouts, mergers, acquisitions or the client and or parties initiating an early termination, *buyout, or responsible for nonpayment, including the business owners, assigns, partners, members, employees, successors, registered agents, and principals, assume full responsibility for any resulting consequences, including business disruption, reputational harm, or third-party penalties. This Release of Liability is an agreement between the client and 360. The Client agrees to release liability and gives up the right to hold 360 responsible for any current or future injuries, losses, and damages. The undersigned Client, business owner, board member, and/or employees hereby assume all risk of injury or harm because of the services provided by an individual, employee, or third-party affiliate, partner, or colleague of 360. The client hereby acknowledges, releases and forever discharges 360 Marketing & Advertising LLC and 360 partners, members, agents, employees, successors and assigns, respective heirs, representatives, and all persons, firms, or corporations who might be claimed liable, whether herein named, from all claims. It is agreed that “the Client” releases 360, indemnifies, holds harmless, defends, and forever discharges the release from all liability, claims, demands, damages, costs, expenses, and causes of action. This includes forever maintaining the confidentiality and non-solicitation terms of this agreement. Client agrees to Indemnification and Hold Harmless Terms and Conditions: Active current Clients, former Clients, subscribers, vendors, current and former employees, distributors, and contractors shall indemnify and hold harmless the “Company” and affiliated companies, and companies’ respective employees, members, agents, family members, and affiliates against any claims for liability, loss, damage, or expense including attorney’s fees and other costs of investigating and litigating claims caused, directly or indirectly; whether by error, staffing errors, knowledge or otherwise including if the Client or Client’s employees, contracted employees or vendors breach any of the terms of this agreement, representations, or warranties the Client has made in his or her Agreement. 360 is not liable for billing or billing errors with third-party SaaS services, setups, billing, or Client and/or authorized employees-initiated services during training of “Client’s employees” or Clients directly or indirectly.
*Buyout Clause: Early Termination and *buyout Terms and Conditions: In exceptional circumstances, the client may request early termination of this Agreement by submitting written notice to 360 Marketing & Advertising LLC (“Agency”) before the Agreement’s full term expires. Any such request is subject to written approval by 360 and, if granted, shall be conditioned upon the client’s complete and timely satisfaction of the *buyout obligation as set forth herein.
1) *Buyout Fee: If the Client elects to terminate this Agreement early, and the Agency approves such termination, the client agrees to remit a mandatory *buyout fee equal to the greater of: (a) four (4) full months of the regular, non-discounted monthly service fee as specified in this Agreement; or (b) the total remaining balance due under the Agreement if fewer than four (4) months remain. The said *buyout fee shall be payable in full by cashier’s check or wire transfer, and must be received by the Agency before the effective termination date. The client acknowledges and agrees that no termination shall be effective until the full *The buyout fee has been paid.
2) Exclusion of Discounts: To calculate the *buyout fee, any promotional pricing, temporary discounts, bundled service incentives, or other reductions in service cost shall be expressly excluded. The *buyout fee shall be based exclusively on the current standard full monthly rate as reflected in the original service agreement, proposal, or most recent pricing schedule provided.
3)Effect of Termination. Upon receipt of the full *buyout fee, all services under this Agreement shall cease. The client further understands, agrees and acknowledges that, in the event of an early termination under this clause, all rights, ownership, licenses, or access to any deliverables, creative assets, designs, photos, videography raw files, working files, materials, platforms, software, code, campaigns, ad accounts, advertising or marketing software and any other proprietary tools or content developed by 360 Marketing & Advertising LLC in connection with this Agreement shall remain the sole and exclusive property of the Agency. No rights or assets shall be transferred, assigned, or licensed to the client. These Assets are prohibited for use or reuse.
Hold Harmless, Indemnify, No Liability: 360 Marketing & Advertising LLC shall not be held liable for any damages, losses, or adverse effects resulting from the suspension or termination of services due to nonpayment, early contract terminations, mergers, acquisitions or *buyouts. The parties initiating an early termination, *buyout, or responsible for nonpayment, including the business owners, assigns, partners, members, employees, successors, registered agents, and principals, assume full responsibility for any resulting consequences, including business disruption, reputational harm, or third-party penalties.
360 NDA: Confidentiality Terms and Conditions: We take pride in keeping our rates low with exceptional services. To continue this in a competitive industry, our company takes our intellectual proprietary information and confidentiality with current and former Clients, freelancers, employees, and vendors very seriously. Our company’s intellectual property, proprietary information, processes, pricing, terms, and all conditions of this agreement shall remain confidential; we prohibit any disclosure of our company pricing, assets, creative works, policies, practices, all creative works, procedures, or any disclosure to our industry competitors.
Right to Refuse Service: 360 reserves the right to refuse service to any business, individual, or industry. We reserve the right to terminate services immediately for nonpayment, dishonest business practices, anyone intending to defraud the public, disruptive, unreasonable practices, and/or criminal history.
Passwords: Due to the nature of working with third-party platforms such as Facebook, Instagram, Twitter, LinkedIn, and Google My Business, third-party business listings, within technology platforms, we often have no control over third-party updates or outages, issues that may occur, such as disconnections or your internal employees making update or password changes, which may result in 360 losing access. If you change your password, you are asked to report the change to 360 immediately to avoid interrupting your services which may have been set up for automation. Please check your accounts and our work at least once a month and provide us with direction and feedback. In the case of password changes or third-party software services, resulting in a disconnect or inability for 360 to access your accounts managed, the Client agrees not to hold 360 liable. We do not store passwords, we simply connect during the onboarding process.
Standard Industry Copyright Protocol: 360 Maintains ownership for development of website source code, coding, plugins, design, online design, offline design, content, creative, photography, videography, and production services remains copyrighted intellectual property owned by 360 Marketing & Advertising. It is licensed to your business during the time frame of the services. Licenses to you the client end when services are terminated. Sharing, repurposing, and reuse is prohibited. Suppose any development is purchased, or specific licenses are purchased for “Music” at the end of an agreement, paid in full. In that case, the client may choose to roll over such costs to their business and maintain any third-party licenses, if the third-party allows. Any copyright the client onboarded with and owned before working with us is migrated back to the client if the services end.
DMCA: 360 Marketing & Advertising protects our intellectual property and copyright of all assets, creative works, and source code with the third party DMCA.com and utilizes the compliance of copyright infringing takedown process, also known as DMCA Takedown, provided by Digital Millennium Copyright Services Ltd (DMCA.com.)DMCA.com Compliance Takedown Notice Service Program. Reusing any 360 assets by another competitive individual, firm, or agency in design, public relations, website development, videography, technology, media, communications, marketing, or advertising is strictly prohibited and constitutes copyright infringement. In our sole discretion, terms and conditions can be viewed online at any time—all license agreements with the Client end when services are canceled.
Off-boarding Process: After completing your agreement, if you choose to leave, we will provide an in-office, off-boarding session once we have received your notice in writing, and final payments are received and fulfilled to transfer any needed assets to your organization. Please make the appointment a priority as assets and access are not stored indefinitely, due to additional storage costs. Off-boarding is typically a two-hour appointment and scheduled in advance within written notice, storage of items are not kept past sixty days.
Disclosure of Third-Party Service Providersand other third-party policies: Client understands and agrees upon within these terms of service and conditions agreement: Google EU consent policy, California Consumer Privacy Act (CCPA) 360 follows the Google Privacy Policy, Google Cookie Policy, Cookies in advertising policy, third-party verification processes, and Google Payment Policies provided for your business.
Cancellation: You have four days to cancel after signing the contract agreement. After that time, there are no cancellations, refunds, cash refunds, or disputes of authorized recurring monthly installment payments. By requesting information, uploading assets, and/or signing the agreement, the guarantor(s) acknowledge that they have read and understood the terms of this agreement regarding financial responsibility and unconditional guarantee of services. Terms and Conditions apply. Cancellation or a service change requires a written ninety-day notice before contract expiration or renewal month expiration. Missed posts due to password updates, your business’s internal employee turnover changes, or our being locked out by no-fault 360 are not grounds for termination of your agreements.
360 Marketing & Advertising maintains the right to use and showcase analytics, lead generation, call tracking, social insights, and any other data collected as an industry case study and featured in our portfolio work, current and previous reviews, videos. 360 frequently communicates via email, transparent channels for approvals, work orders, additional service orders which allows for electronic communication and is considered legally valid and enforceable by Utah’s Uniform Electronic Transactions Act.
Acceptance of Terms: by engaging 360 Marketing & Advertising LLC for management, consulting, goods, and services, including as a prospective client, vendor, freelancer, this constitutes acceptance of these terms and conditions. For additional convenience, we offer scheduled on-site or in-office appointments and extended hours.
Monday through Friday, 9 a.m. to 7:30 p.m.MST.
To update your accounting needs in writing, please email [email protected]. You may reach our office online, by email, phone, or by texting our office at (801) 543-0250.
