Terms and Conditions
These Terms and Conditions (“Terms”) are entered into upon execution of an Agreement between McIntyre Marketing LLC (“Consultant”) and the client (“Client”). By signing an Agreement or engaging Consultant’s services, Client acknowledges and agrees to be bound by these Terms.
1. Background
McIntyre Marketing LLC provides marketing consulting, social media marketing, content creation, and related advisory services. Consultant agrees to provide such services to Client in accordance with the scope outlined in the signed Agreement and these Terms.
2. Term of Engagement
The engagement shall commence and continue for the duration outlined in the signed Agreement unless terminated in accordance with these Terms.
Either party may terminate the engagement with thirty (30) days’ written notice. Client remains responsible for payment of all services rendered and invoiced through the effective termination date.
Any modification to the scope, duration, or level of services may result in an adjustment to the monthly retainer and must be agreed to in writing by both parties.
3. Scope of Services
Consultant shall provide services as outlined in the signed Agreement. Services outside the agreed scope are not included and may require a separate Agreement or additional fees.
Consultant does not guarantee specific results, outcomes, or performance metrics, as marketing results depend on factors outside Consultant’s control.
4. Compensation & Payment Terms
Client agrees to pay Consultant a monthly retainer fee in the amount specified in the Agreement. Payment is due within ten (10) days of the invoice date. Consultant reserves the right to suspend services for any invoice not paid within this period.
5. Confidentiality
“Confidential Information” includes any non-public information disclosed by Client to Consultant, whether oral, written, or electronic, including but not limited to business operations, strategies, client data, systems, and proprietary materials.
Consultant agrees to use Confidential Information solely for purposes of performing services under this Agreement and shall not disclose such information to third parties except as required to perform services or as required by law.
Upon termination of the engagement, Consultant shall return or destroy Client Confidential Information upon reasonable request.
6. Independent Contractor Relationship
Consultant is engaged as an independent contractor. Nothing in this Agreement shall be deemed to create an employment, partnership, joint venture, or agency relationship between the parties.
Consultant retains the right to perform services for other clients, provided such services do not conflict with obligations under this Agreement.
7. Intellectual Property
Upon full payment, Client shall own all final deliverables created specifically for Client as part of the agreed scope of work.
Consultant retains ownership of all pre-existing materials, tools, templates, processes, methodologies, and know-how used to perform services. Consultant may reference completed work for portfolio, marketing, or case study purposes unless otherwise requested in writing by Client.
8. Indemnification
Each party agrees to indemnify and hold harmless the other from any claims, damages, or expenses arising out of its own negligence, willful misconduct, or breach of this Agreement.
9. Notices
All notices required under these Terms shall be provided in writing and may be delivered electronically or in print to the contact information provided by each party. Notices shall be deemed received upon confirmation of delivery.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law principles.
11. Entire Agreement
These Terms, together with the signed Agreement, constitute the entire Agreement between the parties and supersede all prior discussions or understandings. Any amendments must be made in writing and agreed to by both parties.
12. Limitation of Liability
To the maximum extent permitted by law, McIntyre Marketing LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunities, arising out of or related to the services provided, even if advised of the possibility of such damages.
In no event shall McIntyre Marketing LLC’s total liability arising out of or related to this Agreement exceed the total amount paid by Client to McIntyre Marketing LLC during the three (3) months immediately preceding the event giving rise to the claim.
Client acknowledges that marketing performance and results are inherently uncertain and agrees that Consultant is not responsible for outcomes related to business decisions, third-party platforms, algorithm changes, advertising performance, or circumstances beyond Consultant’s reasonable control.
13. Force Majeure
Neither party shall be liable for failure or delay in performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, illness, labor disputes, internet or platform outages, government actions, or failures of third-party service providers.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15. Non-Solicitation
Client agrees not to knowingly solicit or engage any contractor or consultant subcontracted by McIntyre Marketing LLC for substantially similar services during the term of the engagement and for twelve (12) months following termination, without prior written consent.
© 2026 McIntyre Marketing LLC | All rights reserved.
Last updated: January 2026
