Welcome to MCG Group, LLC
Last updated: 5/6/2024
These Terms and Conditions ("Terms") form a legally binding agreement between you (“Client”) and MCG Group, LLC (“Company”), a growth marketing agency. By engaging with the Company for services, you agree to be bound by these Terms. Please read them carefully.
1. Services
The Company will provide marketing services as detailed in the Order Form, which is incorporated herein by reference. The Order Form will specify the scope of services, deliverables, timeline, and other relevant details.
2. Pricing and Payment
Fees and payment schedules are outlined in the Order Form. Invoices are payable within thirty (30) days of the invoice date, unless otherwise specified. Late payments may incur charges or interest at the maximum rate permitted by law.
3. Term and Termination
This agreement is effective from the date specified in the Order Form and continues until the end of the term specified therein. Either party may terminate the agreement by providing the other party with thirty (30) days’ written notice. Upon termination, the Client is responsible for payment of all services rendered up to the termination date.
4. Intellectual Property
The Company retains all intellectual property rights in any work created or developed for the Client under this agreement, granting the Client a non-exclusive license to use such intellectual property for the Client's business purposes, in accordance with this agreement. All Client's current intellectual property will remain that of the Client's.
5. Data Protection and Privacy
The Company shall adhere to the highest standards of data protection. It will comply with all applicable data protection laws regarding the collection, use, and retention of personal information from Clients. The Company ensures that appropriate safeguards are in place to protect the confidentiality, integrity, and availability of personal data.
6. Subcontracting and Assignment
The Company may subcontract portions of the work to qualified subcontractors, provided that the Company remains responsible for all subcontracted work and ensures subcontractor compliance with the terms of this agreement. The Client's prior written consent is not required for subcontracting.
7. Modification of Services
Requests for modifications to the scope of services must be submitted in writing by the Client and will not be effective until agreed upon by both parties in a revised Order Form. Such modifications may result in adjustments to the fees and timeline as mutually agreed upon.
8. Client Warranties and Representations
The Client warrants that it possesses all necessary rights and permissions to provide materials and information for use in the services rendered by the Company and that use of such materials by the Company will not infringe on any rights of third parties.
9. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information during and for two (2) years following the termination of this agreement.
10. Non-Compete
For the duration of this agreement and one year thereafter, the Client agrees not to engage in or start a business that directly competes with the core services offered by the Company within any geographic area where the Company operates.
11. Liability and Indemnification
Liability: The Company's liability is limited to the amount paid by the Client in the three (3) months prior to the claim. The Company is not liable for indirect damages, such as loss of profits.
Mutual Indemnification: Each party agrees to indemnify and hold the other harmless from any damages, liabilities, claims, or expenses (including attorneys’ fees) arising out of their breach of these Terms or negligence.
12. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this agreement if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, or governmental restrictions (a “Force Majeure Event”). The affected party shall notify the other party and make reasonable efforts to resume performance as soon as possible.
13. General Provisions
Governing Law: This agreement shall be governed by the laws of Virginia, without regard to its conflict of laws provisions.
Amendment: These Terms can only be amended in writing, signed by both parties.
Severability: If any provision is found invalid or unenforceable, the remainder of the Terms remain in effect.
Notices: All notices must be in writing and sent to the addresses specified in the Order Form.
Dispute Resolution: Disputes will be resolved through negotiation, or if necessary, arbitration in Virginia.
By engaging the Company for services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.