Terms & Agreement
R&A Corporate Address: 8320 Coppertop Lane Lewis Center, OH 43035
R&A Corporate Phone: 888-225-0776
R&A Corporate Email: info@ramarketing.com
Compensation: Agreed Payment Billed Every 4 Weeks | Due Upon Receipt
Term: The marketing service will run on an ongoing basis subject to the cancellation or program pause provisions below.
Deliverables
In the process of developing marketing assets and strategy, R&A Marketing obtains data from various outside sources (“Outside Information”). This outside information is passed on to Client as a marketing asset/service. Outside information, marketing assets and all other program deliverables are provided to Client on an “AS IS” basis without warranty of any kind. R&A Marketing does not propose, promise or guarantee that the marketing assets or marketing research will result in an order of consummation of a sale. R&A shall not be responsible for Client’s sales lead follow-up. Any representation made by R&A concerning the number or qualification of said leads, or appointments, or marketing research are estimates and are not guarantees of R&A actual performance during the term of this statement of work
Cancellation or Program Pause Provision
Client and R&A agree to 12 week commitment of goods and services. R&A or Client has the right to terminate or pause this statement of work in accordance with the Notices provision below. Upon termination or pause of R&A services client agrees to provide R&A with 4 weeks’ advance notice. Should the client cancel or pause this agreement and not provide this four-week notice period the client agrees to pay a termination fee equal to 4 weeks of the agreed upon services.
Limitation of Liability
Not with standing anything to the contrary herein, neither party shall be liable to the other party for consequential, incidental, special, indirect, punitive or exemplary damages arising out of or related to this statement of work, including lost profits or loss of business, even if the party is apprised of the likelihood of these damages occurring. Under no circumstances will a party’s total liability hereunder, regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the fees paid by Client during the 2 month period prior to the date on which the claim arose.
Governing Law
This statement of work will be governed by the laws of the State of Ohio without reference to provisions relating to conflict of laws.
Enforcing Terms
If either party brings an action or proceeding to enforce the above terms, the prevailing party in any such action shall be entitled to its reasonable attorneys’ fees.
Notices
Any notice, which is required or desired to be given hereunder, shall be deemed to be sufficiently given if sent by return receipt email to kyle@ramarketing.com, certified or registered mail, postage prepaid, return receipt requested, and/or delivered by overnight carrier, and addressed to R&A Marketing at the address listed above.
Website Accessibility & ADA Compliance
Best Best Efforts: R&A is committed to facilitating the accessibility and usability of the Client’s website for all people with disabilities. We use reasonable commercial efforts to ensure that the websites we design and develop are accessible according to the Web Content Accessibility Guidelines (WCAG) 2.1.
Accessibility Widget: To further assist with accessibility, R&A may implement a third-party accessibility widget or overlay designed to help users with a wide variety of impairments navigate the website.
Limitation of Liability: While R&A strives to adhere to accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website. The Client acknowledges that web accessibility is an ongoing process and that R&A cannot guarantee 100% compliance at all times due to updates in browser technology, third-party plugins, or client-uploaded content. R&A shall not be held liable for any claims, damages, or legal actions resulting from a failure to meet specific ADA compliance standards or accessibility issues.
E-Commerce, Pricing & Financial Liability
Pricing & Inventory: R&A is not responsible for any errors or omissions regarding product pricing, inventory levels, or product descriptions displayed on the Client’s website. It is the Client’s sole responsibility to verify that all pricing and product information is accurate. R&A shall not be held liable for any financial losses, lost revenue, or customer disputes arising from incorrect pricing (whether caused by human error or software malfunctions).
Sales Tax Calculation & Reporting: While R&A may assist in configuring sales tax settings within the website’s e-commerce platform, R&A is not a tax advisor, accountant, or financial institution.
Calculations: R&A is not responsible for the accuracy of sales tax rates, tax nexus determination, or automated tax calculations provided by third-party software or payment processors.
Reporting & Remittance: The Client is solely responsible for collecting, reporting, and remitting all applicable sales, use, and value-added taxes to the appropriate federal, state, and local authorities. R&A assumes no liability for the Client’s failure to comply with tax laws or reporting obligations.
Ownership of Content & Website
Client Ownership: Subject to full payment of all applicable fees, all final designs, graphics, content, and website code created by R&A Marketing LLC specifically on behalf of the Client shall be the property of the Client.
Agency Tools & Non-Transferable Items: Notwithstanding the above, R&A Marketing LLC retains all right, title, and interest in and to all “Agency Tools.” Agency Tools include, but are not limited to:
Agency Licenses: Developer licenses for themes, plugins, or software owned by R&A Marketing LLC.
API Data & Credentials: Any API keys, data connections, or integration credentials tied to R&A Marketing LLC’s master accounts.
Management Tools: Proprietary workflows, scripts, or backend tools used to manage the Client’s website, graphics, or designs.
These items are owned by R&A Marketing LLC and are strictly non-transferable. Should the Client terminate their relationship with R&A Marketing LLC, the Client accepts that they are solely responsible for purchasing their own licenses for any third-party software or tools that were previously provided under R&A Marketing LLC’s agency license.
General: This statement of work constitutes the entire agreement of the parties with respect to the subject matter hereof. Neither party may assign its rights or delegate its duties or obligations under this statement of work without the other party’s prior written consent; provided, however, that a party may assign this to a subsidiary or an affiliate or in the event of an acquisition or merger of such party. This statement of work shall be binding upon and inure to the benefit of the parties and to their successors and permitted assigns. If any provision of this statement of work is deemed void by law, the remaining provisions shall continue in full force and effect. Only a written agreement signed by the parties can modify this statement of work. Failure to enforce any provision of this statement of work shall not constitute a waiver of any term hereof. This statement of work may be executed in counterparts, each of which shall be deemed an original and each of which together shall constitute one and the same instrument. R&A Marketing LLC has the right to update this content at anytime without notification to any parties.
8320 Coppertop Lane
Lewis Center, OH 43035
888-225-0776