Terms Of Service
This website is managed and operated by 11 Agency. By accessing and using this website and the services of 11 Agency, you are entering into an agreement with 11 Agency and agreeing to these terms of service. If you do not accept these terms and conditions, please refrain from using this website. For any inquiries, please contact us.
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Eligibility for Free Marketing Plan. We reserve the right to determine who qualifies for our complimentary email marketing plan. Not all requests will be granted.
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No Assurance of Specific Outcomes. Unless otherwise stated in signed contract, 11 Agency does not guarantee specific results for the Client. The Client acknowledges that they are paying for services intended to produce results, but outcomes are not guaranteed. It is acknowledged that 11 Agency has no control over ESPs, email clients, or other softwares if they decide to make changes on their platforms.
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Mutual Non-Disparagement. Both parties agree not to criticize, slander, or defame each other or their respective principals, agents, officers, owners, directors, or employees, either during the term of this Agreement or after its termination. This includes all forms of social media and online forums. However, nothing herein prevents any party from making truthful statements in legal proceedings or investigations by government authorities.
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Limitation of Liability. 11 Agency ensures that the marketing services outlined in the formal proposal will be provided as agreed, but does not offer any additional warranties, expressed or implied, regarding the performance of these services. EXCEPT AS EXPRESSLY STATED: (a) 11 AGENCY IS NOT LIABLE FOR ANY SERVICES PROVIDED, INCLUDING NEGLIGENCE; (b) 11 AGENCY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE; AND (c) 11 AGENCY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Subject to the above, the maximum aggregate liability of 11 Agency in connection with this Agreement shall not exceed the monthly fee paid by the Client in the three months preceding the claim. 11 AGENCY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT AND THE SERVICES PROVIDED, INCLUDING LOSS OF BUSINESS PROFITS, INTERRUPTION, DATA STORAGE, GOODWILL, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 11 AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Force Majeure. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, common enemy actions, natural disasters, epidemics, riots, transportation or communication failures, or actions by the other party or its officers, employees, agents, or contractors. Lack of funds is not considered a reason beyond a party’s control.
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Default and Remedies. If the Client fails to pay any fees or charges under this Agreement, 11 Agency may immediately pause or terminate this Agreement, among other available remedies, until the Client cures the default.
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Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.
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Attorney’s Fees. In any dispute arising under or related to this Agreement, each party is entitled to recover reasonable attorney’s fees and litigation costs.
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Entire Agreement. This Agreement constitutes the complete agreement between the parties regarding the subject matter herein and supersedes all prior communications, agreements, or understandings, whether written or oral. Amendments must be in writing and signed by both parties.
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Severability. If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.
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Assignment and Successors; Binding Effect. The rights and obligations under this Agreement cannot be assigned, transferred, pledged, or otherwise encumbered without prior written consent from the other party. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.
The Client agrees to these terms as of the Effective Date when the kickoff meeting between Client and 11 Agency occurs.
Contact Information
For questions, please contact us at partner@11.agency
Payment Authorization
I confirm that I am authorized to provide payment information on behalf of the company. I grant permission to 11 Agency to charge my debit/credit card or electronically debit my bank account (ACH transfer) for the agreed amount each month.
The amount is based on the fee in the signed agreement, with auto-debit occurring on the same day each month based on the initial kickoff date. If fee changes occur due to scope of work, 11 Agency is authorized to debit the new amount.
To update your payment information, please contact partner@11.agency