309-767-0004

Jurassic Marketing Terms of Service

Welcome to Jurassic Marketing! By using our services, you agree to the terms outlined below. Please read them carefully. For the most up-to-date descriptions of services, inclusions, and exclusions, please visit https://jurassicmarketing.com/terms. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”) and Jurassic Marketing (“Agency”).

1. Scope of Services

Jurassic Marketing provides a variety of marketing services as outlined in individual service agreements. Specific services will be detailed in your order or project confirmation.

2. Term and Termination

  • Initial Term: All service agreements have a noncancellable initial term. Following this term, either party may terminate with 90 days written notice.
  • Early Termination: If the Client terminates the agreement before the end of the initial term or without required notice, liquidated damages equal to 75% of the remaining balance will be due immediately.
  • Immediate Termination: The Agency reserves the right to terminate immediately for nonpayment, breach of these Terms, or other substantial reasons.

3. Fees, Payments, and Pricing Adjustments

  • Fees: Fees for services will be detailed in your specific order or agreement.
  • Payment Terms: Payment is due upon approval of work. The Client authorizes the Agency to bill the credit card on file automatically. Declined payments and delays do not relieve the Client of payment obligations.
  • Price Validity: Prices are valid for 30 days from the date of a quote or proposal. Projects not commenced within this period will be subject to updated rates.
  • Postage Adjustments: Changes to USPS postage rates will be billed accordingly.
  • Nonpayment: Services may be suspended or terminated for nonpayment. The Client is responsible for any collection costs, including reasonable legal fees, incurred by the Agency.
  • Affiliate Income Disclosure: Jurassic Marketing may recommend products or services for which the Agency receives compensation. We appreciate the opportunity to manage these transactions on your behalf and receive credit for doing so.

4. Service Guarantee

Jurassic Marketing guarantees that orders will be dispatched to USPS on time, or the service fee for that order will be waived. Conditions:

  • This guarantee does not include postage costs.
  • Delays caused by the Client (e.g., late approvals) or postal holidays are excluded.
  • Turnaround begins upon receipt of final payment and/or approval of proofs, whichever is later.
  • Credits under this guarantee will be issued as service credits, not cash refunds.

5. Client Responsibilities

  • Provide accurate and timely responses to Agency requests.
  • Ensure files and information submitted are correct.
  • Approve proofs before production begins.
  • Ensure campaigns comply with all applicable laws and regulations. The Client agrees to indemnify and hold the Agency harmless for noncompliance.

6. Agency Responsibilities and Limitations

  • Deliver services professionally and in accordance with these Terms.
  • Protect the confidentiality of the Client’s proprietary information, including mailing lists.
  • Any intellectual property created during the relationship, whether independently or collaboratively, shall be the sole intellectual property of Jurassic Marketing. The Agency retains the right to copyright, patent, or protect such developments. For intellectual property recommended for publication under the Client’s name, the Client receives a fully paid license to use, publish, and create derivative works.
  • The Agency processes address corrections and NCOA (National Change of Address) updates for presort mailings to improve deliverability. However, we cannot guarantee delivery or assume responsibility for USPS issues, delays, or loss.
  • Jurassic Marketing reserves the right to work with any client, including those in similar or competing industries. The Client waives any objection to the Agency’s prioritization of limited resources among clients.
  • Jurassic Marketing may showcase Client’s name and trademark in marketing materials solely for promoting the Agency’s services, without misrepresenting the Client’s products or services.

7. Force Majeure

Jurassic Marketing is not liable for delays or failures due to causes beyond its reasonable control, including natural disasters, inclement weather, government actions, postal delays, or other carrier disruptions.

8. Office Hours and Communication

  • Office hours: Monday through Friday, 8:30 AM to 4:00 PM (excluding weekends and U.S. bank-observed holidays).
  • Communication during office hours is handled via phone at (309) 767-0004 or email at office@jurassicmarketing.com.
  • While responses outside office hours may occur, they are not guaranteed. Please respect boundaries by refraining from contacting personal phones or expecting work during evenings and weekends.

9. Rush and Planning Requests

  • Strategic planning ensures timely and stress-free project completion. Last-minute requests or rapid turnaround may be subject to additional rush fees and are subject to current workloads.

10. Dispute Resolution and Governing Law

  • Any disputes will be resolved through arbitration in Rock Island County, Illinois.
  • These Terms are governed by the laws of the State of Illinois.
  • The Agency’s liability is limited to the cost of services provided, excluding postage.

11. Indemnification and Hold Harmless

  • The Client agrees to indemnify and hold harmless Jurassic Marketing, its owners, officers, employees, agents, contractors, and affiliates from any claims, damages, or liabilities arising from materials provided by the Client or the failure of a campaign to meet expected results.
  • Jurassic Marketing is not liable for any consequential, incidental, indirect, special, punitive, or exemplary damages, including but not limited to lost profits, business, or goodwill.
  • Taxes: The Client is responsible for compliance with applicable laws, taxes, and tariffs related to their business activities, including internet commerce, and agrees to indemnify Jurassic Marketing from any related claims or penalties.

12. Revisions and Additional Work

  • Revisions to artwork or mailing lists beyond the initial scrub will be billed at $125 per hour, in 15-minute increments.
  • Changes to services must be requested in writing or via email and may affect costs.

13. Refund Policy

No refunds will be issued once a product is dispatched to USPS.

14. Non-Solicitation

  • During the term of this Agreement and for one (1) year after termination, neither party shall directly or indirectly solicit individuals to leave employment or engagement with the other party.
  • If a party violates this provision, they agree to compensate the other party an amount equal to 100% of the individual’s annual compensation during the first year of their employment or engagement.

15. Entire Agreement

These Terms constitute the entire agreement between the Client and the Agency and supersede all prior agreements. Any amendments must be in writing and agreed upon by both parties.

By using Jurassic Marketing’s services, you acknowledge that you have read, understood, and agree to these Terms of Service. For questions or concerns, please contact us at office@jurassicmarketing.com or (309) 767-0004.