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Terms of Service

This agreement (“Agreement”) is made between unQuestionable LLC, a creative agency located in Moorhead, MN, and online at www.unQuestionable.com, (“unQuestionable LLC” or “Company”) and the individual or entity who engages unQuestionable LLC for services (“Client”). This Agreement sets forth the terms and conditions that govern the use of unQuestionable LLC’s services and governs the relationship between the Client and unQuestionable LLC. By using www.unQuestionable.com or services from unQuestionable LLC, Client accepts these terms of service.

  1. Use of Services. unQuestionable LLC provides creative, design, and consulting services to the Client. The Client hereby agrees to allow unQuestionable LLC to use the Client’s email, name, birthday, and phone number for any and all marketing purposes and may give this information to any third party affiliated with unQuestionable LLC.

  2. Ownership and Intellectual Property. The Client acknowledges that all right, title, and interest in any work product created by unQuestionable LLC in connection with the services provided under this Agreement (the “Work Product”) shall be the sole and exclusive property of UnQuestionable LLC. The Client shall have a non-exclusive, non-transferable license to use the Work Product for the purpose for which it was created, subject to the terms and conditions of this Agreement. Exclusive rights will need to be negotiated on a case-by-case basis.

  3. Confidentiality. The Client acknowledges that unQuestionable LLC may use confidential information provided by the Client in connection with the services provided under this Agreement. The Client shall hold in confidence and shall not disclose to any third party any confidential or proprietary information of unQuestionable LLC.

  4. Payment. The Client shall pay unQuestionable LLC the fees set forth in the proposal or invoice for services provided under this Agreement. All fees are due and payable within 15 days from the date of invoice. Any amounts not paid when due shall bear late fee at the rate of $20 per week from the due date until paid.

  5. Termination. Either party may terminate this Agreement at any time upon written notice to the other party. Upon termination, the Client shall promptly pay all fees and expenses due and owing to unQuestionable LLC and shall return all confidential information of unQuestionable LLC in the Client’s possession or control. Client may no longer use services of the Company.

  6. Limitation of Liability. unQuestionable LLC’s liability under this Agreement shall not exceed the fees paid by the Client under this Agreement. unQuestionable LLC shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits.

  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert state].

  8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be amended except in writing signed by both parties.

  9. Assignment. Neither party may assign this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld.

  10. Independent Contractor. The relationship between the parties is that of independent contractors and nothing contained in this Agreement shall be construed to create a partnership, joint venture, or agency relationship.

  11. Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to this agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the rules of American Arbitration Association, at the election of the company. If the company elects to go to court, the client must still go through arbitration, and the arbitration shall be conducted in Moorhead, Minnesota, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Updated: March, 4, 2023

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