Fishhook Terms of Service
The relationship between the client and Fishhook will be as follows:
- Term. The term of this agreement will be ongoing.
- Compensation. Fishhook will charge the client an hourly rate per hour (in quarter-of-an-hour billing increments) per person based on the Fishhook staff involved for all time/work completed (from the initial request made to completion).
- Expenses. Expenses incurred on the client’s behalf (such as meals, copies, travel) will be billed to the client with a 10% mark-up to cover administrative costs.
- Production Costs. Production costs incurred on the client’s behalf (such as printing, photography, video services, etc.) will be billed with a markup of 30%. A written production estimate will be furnished and advance written approval obtained.
- Mileage. Mileage for all client travel activities, including travel to meetings, client errands, special events, press checks, etc., for the full round trip will be billed at the standard mileage rate set by the IRS in the current calendar year.
- Travel Time. For all client travel activities, including travel to meetings, client errands, special events, press checks, etc., Fishhook will bill for one-way travel of the Fishhook staff’s time.
- Terms of billing, budget updates, payment and activity reports. All fees, expenses, production costs and travel will be billed at the end of each month, with payment due 15 days net. A late fee of 1.5% per month will be assessed on all charges not paid after 60 days.
- Advance approval of activities. Services performed under this agreement must be approved by the client.
- Confidentiality. The client and Fishhook agree to keep in confidence and not to disclose or use for their own benefit or for the benefit of any third party (except as may be required for the performance of services under this agreement or as may be required by law) any information, documents or materials that are designated by the client or Fishhook as confidential.
- Termination. Either the client or Fishhook may terminate this agreement without cause at any time. Upon receipt of written notification of termination, all activities will cease and Fishhook will invoice the client for all unpaid time spent on its behalf through that date and all non-cancelable commitments made. Also upon termination, Fishhook will transfer to the client all the materials in Fishhook’s possession paid for or provided by the client within 15 days.
- Non-Solicitation. During the term of this agreement and for a period of one year following its termination, both parties agree not to solicit any employee of the other party whose job is related to the services to be performed under this agreement without the prior written consent of the employing party.
- Ownership of concepts and other materials. Tangible and intangible property completed and produced by Fishhook under this agreement and paid for by the client shall be the property of the client, but only for the client’s use unless Fishhook agrees otherwise in writing. The client understands that Fishhook will use finished work in certain circumstances, including in creative award submissions, in self-promotional materials, and on its website.
- Conflict Resolution. In the event of a conflict that can not be settled between the client and Fishhook, both agree to secure the services of a mutually selected professional Christian mediator and will accept the mediator’s judgment as final in resolving the conflict. The client and Fishhook further recognize and agree that the purpose of this alternative dispute resolution method as described herein is to avoid litigation in any court of law, state or federal. If either party to this agreement violates this term of the agreement by filing a lawsuit in a court of law, the filing party will fully compensate the non-filing party for their attorney fees and costs in defending the litigation. Additionally, the client and Fishhook agree to pay one half (1/2) of the final costs of retaining a mediator as described herein.
- Support. For a support request from the client (outside the scope of the agreed upon project and/or retainer), the client will contact Fishhook at fishhook.us/support to submit a support request to our team. At that time, the client will provide as much information as possible about the request/issue/need/problem, desired timing for a solution and any other pertinent details.Fishhook will respond to the client’s initial request within 24 hours or by the end of the next business day (whichever comes first) to confirm the request was received. In addition, the Fishhook team member may gather more information about the request/issue/need/problem, discuss potential options/solutions and discuss the timeline and budget/estimate for this request. For urgent issues, the Fishhook team will work to resolve them within 1-3 business days of the initial request being placed. For non-urgent web issues, a timeframe will be discussed and agreed upon by both the client and Fishhook.
- Media Terms. Fishhook may use, reproduce and/or publish photographs, images and/or video that may pertain to our work with you as Fishhook deems appropriate for communication and promotion purposes.