We offer a range of content marketing services including content strategy, blog and article writing, social media management, search engine optimization, and more. Specific services and deliverables for each client will be detailed in a separate contract or statement of work.
While the client will take full ownership of any content created exclusively for the client under this agreement, ContentSesh leverages common templates, tools, processes and best practices to provide services. This includes but is not limited to research frameworks, document templates, task management systems, content topic ideation spreadsheets, etc. The agency reserves exclusive rights to this underlying intellectual property, while completed content deliverables themselves remain the client's property. If the agency provides any open source plugins, tools or other resources as part of the services, they are provided as-is without any implied warranties.
From time to time, ContentSesh may display or share user-generated content that the client or its target audience produces and publicly publishes via social media or other channels. This includes but is not limited to reactions to content, customer photos, video testimonials, reviews, or social sharing. By submitting this type of content publicly, users are giving the agency license to use or share that content through our services. We may use this content to further marketing goals like showcasing engagement, building an audience, or providing social proof. We will make reasonable efforts to identify content owners when possible, but cannot guarantee that proper credit will be provided. The agency is not responsible for removal of published user content or the terms users agree to with social media networks. Clients should inform users if they do not want submissions shared publicly by our services.
The client is prohibited from using the agency’s services for any activities that:
The agency reserves the right to:
Clients must:
Ownership/Licensing
The agency makes no warranties of any kind, whether written or oral, statutory, or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy of informational content. The agency shall not be held liable for any damages related to the performance or non-performance of services, including but not limited to direct, indirect, incidental, consequential, special, punitive or exemplary damages arising out of or in connection with this agreement. Additionally, the agency shall not bear liability for damages arising from use of third party tools, applications, links to external websites or other resources provided to client, even if agency was aware of the possibility of such damages.
The website template may include links to third-party websites or services. We neither control nor endorse the content or practices of these third-party sites. Accessing such sites is your responsibility, and we recommend reviewing their respective terms and privacy policies.
Upon termination of this agreement, the agency shall invoice and be compensated for all final deliverables, expenses and time spent on in-process services based on percentages completed. Ownership and rights for completed deliverables will still transfer to client. However, the client shall not be entitled to agency’s proprietary tools, templates, or methodologies in their incomplete forms at time of termination.
If termination occurs due to breach of contract, unauthorized use of deliverables, failure to pay on agency’s invoices past 60 days, or any unlawful activities by the client, the agency reserves the right to cancel transfer of ownership for any unpaid deliverables. Additionally, the client may be responsible for administrative and legal fees related to recovering unpaid balances or damages caused by contract breaches.
This agreement shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. The agency and client agree that any action at law, suit in equity, or judicial proceeding with respect to this agreement shall take place in the courts of Miami, FL. If any provision of this agreement is construed to be invalid, illegal or unenforceable by such courts, the invalidity, illegality or unenforceability of such provision shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Each party shall be responsible for paying its own attorney fees, expenses and costs in the event of a dispute requiring legal action.
The agency reserves the right to modify terms and conditions for future engagements. Any changes will be provided in writing before entering into subsequent agreements. If services span longer terms, signed agreements may undergo scheduled revisions. These updates aim to adapt to changing technologies, business needs, or provider capabilities in offering relevant services. Notice will be given for term modifications requiring client consent. Constant policy improvement is crucial, thus agency conditions are subject to change without cause. We seek balanced evolution benefitting all parties whenever feasible.
