Terms of Service

Uppercase Industries Consulting Agreement

(updated December 1, 2022)

This Agreement is between Uppercase Industries, LLC (“We”)  and the purchasing entity, (“Client” or “You”). By checking the box for this Agreement, you are enrolling in our “Marketing Strategy Sprint” program (the “Program”). 

THE PROGRAM

The Program includes the following:

  • 60 min kickoff call

  • 60 minute delivery call

  • Audience and shopper data audit

  • Concise target customer profile 

  • Upgrade to the quality and systems of your marketing apparatus. 

  • Choose from Social media strategy OR Email upgrade OR Website optimization packages

    • Social media strategy package includes:

      • Strategy document including channel and frequency recommendations

      • 3 month calendar of social media post themes and prompts

      • Does NOT include content creation or copywriting

    • Email upgrade package includes

      • 1 automatic email series with up to 5 email messages

      • 3 month calendar of email marketing topics 

      • Does include copywriting for automatic series, does NOT include copywriting for 3-month calendar of emails

    • Website optimization package includes

      • Headline theme development for up to 2 pages

      • Headline and subhead copy testing for up to 2 pages

      • A/B Testing software access

      • Recommendations on upgrades to product assortment or hierarchy

      • Does NOT include website coding or content loading

  • A growth promoting, human centric approach to marketing your business that has been proven in small and large businesses alike. 

  • Access to the same methods and know-how we use for multinational companies

  • A partner invested in your success 

PAYMENTS; NO REFUNDS; CANCELLATION

Pay in Full: The Program Fee for Pay in Full Members is due in full upon the acknowledgement of this Agreement. Except where the Company cancels the program as described below in the Cancellation Section, no refunds will be given.

Payment Plan: Payment plan Clients must provide either ACH information or a credit card on file to be automatically charged on the same day each month. If your card is declined for any reason or there are insufficient funds for payment, we may suspend your access to the Program until you have paid the amount overdue. No refunds will be given.

Company Cancellation: We may cancel the Program at our discretion. If we cancel the Program, we will notify you via email at least 30 days prior to the cancellation date specified in the notice (the “Cancellation Date”). We will refund the pro-rated share of the Program to the Client.

TERM

This Agreement will be in effect until June 30, 2023. All Marketing Strategy Sprint packages must be started before June 30, 2023 and completed by August 30, 2023.

CLIENT RESPONSIBILITIES 

The Program requires a commitment of time, cooperation and participation. You commit to full participation in the Program and understand that it is up to you to respond and participate. You agree to perform all tasks assigned by the Program within the timeframes discussed in the Program, and to provide all assistance and cooperation in order to complete the Program in a timely and effective basis. If we cannot perform our obligations under this Agreement because of a delay by any act or omission by you, we will not be deemed to be in breach of our obligation under this Agreement or responsible for any losses incurred by Client as a result of such delay.

INTELLECTUAL PROPERTY 

We retain all rights to our intellectual property, including but not limited to all Program materials including derivative works arising from or used in conjunction with the Program (“Our Intellectual Property”). Our Intellectual Property may not be copied, used, modified or distributed for any purpose. There is no granted or implied license to sell or distribute Our Intellectual Property. You understand and agree that any of Our Intellectual Property you receive is for your own personal use. Any disclosure of Our Intellectual Property to any third party by you is strictly prohibited.

DISCLAIMERS; PERSONAL RESPONSIBILITY

We are not liable for any default due to acts out of our control, including but not limited to - an act of God, pandemic, epidemic, civil unrest, terrorism, war, strike, fire, flood, hurricane, or industrial action.

NON-DISPARAGEMENT

Each party will not make any false, disparaging, or derogatory statement in public or private regarding the other party, its employees, contractors or agents.  

LIMITATION OF LIABILITY

In no event will our liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to us under this agreement in the period preceding the event giving rise to the claim.

CONFIDENTIALITY

In the course of the Program, you may share proprietary or other sensitive information. We agree to hold your statements and information, including the existence of the relationship between the parties in confidence except (a) if asked to disclose such information by a court of competent jurisdiction, (b) if we reasonably believe you pose a danger to yourself or to others, or (c) if we obtain your written consent prior to disclosure. 

If the terms of this Agreement are acceptable, please check the box to accept on the Program checkout page. By doing so, you are acknowledging that: (1) you have received a copy of this Agreement; (2) you have had an opportunity to discuss the contents with the Company and, if desired, to have it reviewed by an attorney; and (3) you understand, accept and agree to abide by the terms hereof.