Terms of Service
1.1 Payments
1.1.1 First payment is due in advance and billed on the date of this agreement. The charge for services may be deducted from a credit card, ACH from a bank account or paid by check. The client shall pay all the fees detailed previously in this agreement prior to any work commencing: design, data, compilation, etc.
1.1.2 If any payment is not made as prior agreed terms, we reserve the rights to cease further work on your account. Any fees remaining after the completed work will be invoiced accordingly. All payments are non-refundable unless stated otherwise.
1.2 Limitations, Refunds and Cancellation
1.2.1 PACE Fundraising represents Client and unconditionally guarantees that any elements furnished to PACE Fundraising for inclusion in the project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend PACE Fundraising and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.
1.2.2 PACE Fundraising reserves the right to assign subcontractors to this project to ensure the right fit for the job, as well as on-time completion.
1.2.3 This agreement may be terminated by PACE Fundraising immediately if Client fails to pay any fees hereunder; or if Client fails to cooperate with PACE Fundraising or hinders PACE Fundraising’s ability to perform the services hereunder given the nature of the services provided by PACE Fundraising.
1.2.4 Governing Law. The construction, validity and performance of this Agreement shall be governed by, and construed in accordance with, the laws of the State of North Dakota, and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any jurisdiction for any litigation arising out of related to, or regarding the validity of this Agreement shall lie in Cass County, ND.
1.2.5 Attorneys' fees. Should it become necessary for PACE Fundraising to employ an attorney to enforce any of the conditions or covenants of this agreement, Client agrees to pay all expenses so incurred, including a reasonable attorneys' fees.
1.3 Expiration
1.3.1 This proposal/agreement will expire thirty days after it is issued. If more than thirty days have passed since the proposal was issued, please contact PACE Fundraising and we will reissue the proposal with the most up to date pricing information.
2.1 Confidentiality
2.1.1 The parties agree to hold each other's proprietary or confidential information in strict confidence. "Proprietary or confidential information" shall include, but is not limited to, written or oral contracts, hiring of the other parties employee, trade secrets, know-how, business methods, business policies, memorandums, reports, records, computer retained information, notes, or financial information. Proprietary or confidential information shall not include any information which: is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; was previously known to the receiving party or rightly received by the receiving party from a third party; is independently developed by the receiving party; or is subject to disclosure under court order or other lawful process. The parties agree not to make each other's proprietary or confidential Information available in any form to any third party or to use each other's proprietary or confidential information for any purpose other than as specified in this agreement. Each party's proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this agreement; the non-disclosing party may be entitled to equitable relief. The parties agree not to solicit current employees from the other party for employment in any capacity. Notwithstanding termination or expiration of this agreement, PACE Fundraising and Client acknowledge and agree that their obligations of confidentiality with respect to proprietary or confidential information shall continue in effect for a total period of three (3) years from the effective date.