Terms of Engagement - Daniel Bussius

Just in case you want a copy of our Terms of Engagement, I have provided it below.  

I know we're going to have a great relationship together and want to make sure we begin this relationship with full transparency, trust and mutual understanding.  đź™‚

Recitals (And We Don’t Mean Bring Your Flute!)

WHEREAS, the Consultant is actively engaged in the business of marketing, CRM automation, consulting, coaching and other marketing related services (e.g., CRM automation, marketing strategy, funnel building, copy writing, pricing, promotion, advertising), in connection with functions such as those conducted by the Client, and;

WHEREAS, the Client wishes to engage the Consultant as an independent contractor for the Client's Company for the purpose of furnishing such retained services on an ongoing basis billed every two weeks based on the terms and conditions set forth below;

Here’s How We Should Communicate (And The Best Ways To Do So)

  • Office hours are 9:00 AM PST - 5:00 PM PST, Monday-Friday (no weekends)
  • Office closed on US bank observed holidays and December 22nd-January 1st.
  • Office number is (619) 365-8286
  • Skype: danbussius
  • Email: daniel@itmpromos.com

Emails, Skype chats and phone calls are handled during office hours. Although my team and I almost always respond evenings and weekends, it is not guaranteed and should not be expected.

Happy Work-Life Balance Means Fresh Creative and Awesome Work

My team and I love working on your projects, we have a family like you so please respect the office hours and refrain from calling personal cell phones or expecting work to be completed over the weekend unless this has already been discussed and agreed upon.

No Elephants In The Room (Our Offices Are Too Small For Them)

I, Daniel Bussius, and my team are trained to speak our minds with respect to you and to acknowledge your concerns and situations when we do so. It will never be the intent of myself or my team to offend you but we don’t sugar coat situations. Expect open, honest real conversations between us adults and if there’s an issue or missed expectation then let’s address it, find the solution and move on. No flowery language or dancing around the topic!

Planning Ahead With Goals Makes You Happy And Stress Free

It is important that we work together based on a strategy for the results you wish to achieve. This includes planning ahead for special requests. Last minute requests may not always be honored based on current workloads. My team and I want you to succeed and planning ahead will ensure we get your needs and priorities handled when you want them done.

The Payment Details Our Boring Legal Guy Makes Us Put In Here

Services provided by Daniel Bussius and his team are employees and contractors of In The Mix Promotions, Inc. All forms of payment should be made out to In The Mix Promotions, Inc.

A great deal of time and resources is expended on every client’s project even before the projects officially start. To ensure our staff and our clients are committed to the agreed upon terms, all services purchased by you, the client, are non-refundable and all sales are final.

Retained services are billed every two weeks and run on a monthly schedule with no pre-determined expiration date. In the event that you wish to cancel your on-going retained service, after you have satisfied terms we originally agreed upon in Addendum A, cancellations occur on the first of the month. If you request a cancellation of service any time before or after the first of the month, the billing cycle will complete until the first day of the next month. The easiest way to inform us of your intended cancellation is by sending an email. It’s that simple!

We Aren’t Your Cell Phone Provider. Your Hours Don’t Roll Over.

Although most of the services being provided to you are not calculated on an hourly basis, the services that are offered based on hours are set at a specific amount of hours each month do not roll over if unused. Hours are based on the use it or lose it policy.

Assumption Of Risk, Ya Know, All That Legal Mumbo-Jumbo (Yawn)

You, the client, understand that Daniel Bussius, his employees and contractors on behalf of In The Mix Promotions, Inc. (collectively, the “Company Indemnitees”) are not to be held liable for damages, loss of sales from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys’ fees, accounting fees, and expert witness fees) (collectively, the “Claims”) that you the client may incur.

Just In Case Armageddon Comes Or Aliens Abduct One Of Us…

A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:

(a) notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and

(b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.

Making Money Online Means The Government Wants Some Of That $$

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Daniel Bussius, In The Mix Promotions, Inc. and its employees and subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.

California Is Our Home

This Agreement shall be governed by the laws of the state of California, USA. The Parties agree that any dispute or controversy arising out of this Agreement shall be settled by Arbitration to be held in San Diego County in the State of California, USA, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of such arbitration, and each of the parties shall separately pay counsel fees and expenses.

Free Hugs

Yep, you read this right. If we meet up in person expect a hug cuz we’re a team and we’re in this journey to grow your business together. We’ll face tons of challenges and accomplish many things so a handshake just doesn’t seem real. A hug does... unless of course you have poison ivy or some rare case where you got fleas from your dog. Then a smile and greeting will do just fine.

Fact: An Octopus Can Live Without All Of Its Arms, This Can Too.

Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions had never been contained herein.

Fancy Electronic Signatures. (Or Autographs You Rock Star, You!)

This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by email, or other electronic medium including your digital signature or if the party has made payment. These signatures must be treated in all respects as having the same force and effect as original signatures.

Everything Included – Even The Kitchen Sink

This Agreement, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.