867 Boylston Street, 5th Floor #2094, Boston, MA 02116
This Consultancy Agreement outlines the terms under which PinchForth, Inc. (“PinchForth”) provides services to its clients (“Company”).
*This is a general overview of our standard terms. Terms may vary, and the signed agreement between PinchForth and the Company supersedes anything shared here.*
By engaging PinchForth, both parties agree to the following terms:
1. Engagement and Services
Engagement: PinchForth will provide services as mutually agreed upon in writing, tailored to the Company’s needs in marketing and growth expertise.
Standard of Services: PinchForth aims to deliver high-quality work efficiently, minimizing management overhead. The Company will provide reasonable access to information, property, and personnel to support service delivery.
Relationship: PinchForth operates as an independent contractor, retaining control over its employees and methods of work. Services may be adjusted by mutual agreement as the Company’s needs evolve.
Information: The Company will supply necessary information for PinchForth to perform services. If information is unavailable, PinchForth is not liable for resulting delays or failures.
2. Term & Termination
Term: Begins upon signing and continues until services are completed or terminated.
Termination: Either party may terminate with 30 days’ written notice, or 14 days’ notice for a material breach (e.g., contract violations, insolvency). Upon termination, obligations cease except for accrued rights, and the Company pays for delivered services.3. Fees and
Expenses
Consultancy Fee: Fees are determined via a flexible “name your price” model. The Company proposes a price, PinchForth may counteroffer, and work begins upon written agreement. Additional fees for scope changes will be confirmed in writing upon execution of our Terms of Service prior to the start of a project.
Expenses: Pre-approved, documented expenses are reimbursable per Company procedures.
Payment: Invoices are issued bi-weekly and charged to the Company’s credit card three days later. Late payments incur a 1% daily penalty, and services may be suspended until paid. Credit card processing fees (e.g., 3%) apply if chosen as the payment method.
4. Ownership & Licenses
Ownership: Each party retains rights to pre-existing information. Services created for the Company are “works made for hire” owned by the Company, except derivatives of PinchForth’s prior work, which PinchForth retains.
License: PinchForth grants the Company a perpetual, royalty-free license to use pre-existing PinchForth intellectual property incorporated into deliverables.
5. Confidentiality
Obligations: Both parties will protect confidential information, using it only for the services and disclosing it only to necessary employees under confidentiality agreements.
Return: Upon termination, confidential information is returned, with one copy retained for legal compliance.
6. Business Protections
Non-Competition: PinchForth may work with others but not in ways conflicting with Company obligations.
Non-Solicitation: For one year post-termination, neither party will solicit the other’s employees, suppliers, or customers.
7. Warranties & Liability
Warranties: PinchForth warrants competent, professional service delivery. Services are otherwise “as is,” with no implied warranties.
Liability: PinchForth is not liable for consequential or indirect damages. Both parties indemnify each other against third-party claims from breaches or misuse.
8. General Terms
Governing Law: Massachusetts law applies, with disputes resolved in Suffolk County courts.
Entire Agreement: Terms may vary based on client needs, and any signed agreement between the parties supersedes this overview.
Force Majeure: Delays due to uncontrollable events (e.g., natural disasters) extend deadlines, with notice provided.
Services Offered (Examples): Data setup/verification, tag/automation configuration, content creation, digital asset editing, landing page execution, tool integration, administrative tasks, and customer support coordination. Specific services and pricing will be confirmed in writing upon execution of our Terms of Service prior to the start of a project.
Contact Us
PinchForth, Inc.
867 Boylston Street, 5th Floor #2094
Boston, MA 02116
Email: hello@pinchforth.com