Terms

BLACK OWNED FOOD LA- BOFLA

Please read these Terms of Service (‘Terms’, ‘Terms of Service’) carefully before purchasing promotional items through blackownedfoodla.com website or any other media outlet source (the ‘Service’) (‘us’, ‘we’, or ‘our’) associated with Black Owned Food LA. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. This agreement is effective on October 10, 2020.

Conditions

This agreement is valid once the client pays the amount indicated under the marketing package page on blackownedfoodla.com website or agreed upon pricing between owner and client.  Both Client and Black Owned Food LA (BOFLA) will sign an agreement.

Scope of Services

Client has agreed to purchase marketing item(s). This marketing item(s) includes may include the following:

  • Reel
  • Social Media Post with or without video
  • Tik Tok
  • Consulting Services
  • Customer Service Consulting
  • Insta-FB Story
  • Instagram Makeover (hourly)
  • Instagram Takeover (hourly)
  • LA Food Package 1, 2, 3,4
  • Social Media Setup (hourly)
  • Website Feature
  • Merchandise
  • Ownership of Video/Pictures

If Client wants to customize any service not described will require a separate written agreement or a signed amendment to this agreement.

Payments

Black Owned Food LA (BOFLA) will charge Client based upon services selected. Client agrees to pay amount in full. There is no refund policy. Pictures, videos, and content are at the discretion of BOFLA, however Client will have input of their vision to maintain the integrity of their brand.  BOFLA has no obligation to provide revisions of final product. All pictures and videos are owned by BOFLA. Payments shall be processed via PayPal, Square, or cash apps. There is a 3% processing fee applied to PayPal and Square and will be applied to all invoices. BOFLA will not provide credits or refunds due to cancellations.

Delegation

Client understands and agrees that portions of BOFLA’s work performed under this Agreement may be performed by in-house consultants, developers, and or assistants employed, associated with, or contracted by Black Owned Food LA.  Such delegation may include paying fees to contractors/employees but will not result to an increase to items purchased.

Client Duties

Client agrees to communicate and cooperate with BOFLA with information, and data needed to work on project.  Client will respond to questions and requests in a timely manner.

Indemnification

BOFLA reserves the right to not take on any work that does not line up with the integrity of it’s brand.  Any photos and videos taken by BOFLA reserves ownership rights.  Any pictures, video images supplied by Client has full legal rights to supplied data of such. Client agrees to indemnify, defend, and hold Black Owned Food LA  and its employees, associates, directors, agents, consultants, representatives and affiliates  and each other harmless from and against any and all losses, cost, damage, liability and expense including reasonable attorney’s fees arising out of any claim whatsoever, directly or indirectly form the use of copyright/trademark images supplied to Black Owned Food LA and or any projects rendered.

Moral Clause

BOFLA reserves the right not to take on any work based on the content of the work. BOFLA does not tolerate racism or discrimination of any sort. Client will be notified as soon as possible if project creates a moral dilemma.

Ownership and Rights

All materials provided to this agreement shall remain Clients property.  Any materials created by BOFLA shall remain their property unless released by agreement.

Turn around time

As soon as 72 hours up to 7 working days. Client is responsible of acceptance of work or services performed and agreed upon as well final posting and services rendered.  It’s the clients responsibility to supply any pics, video or content for services.  BOFLA will not be responsible or held liable for results of services provided on the basis of any information furnished by the Client that is inaccurate, untruthful, or incomplete.

Change of Project/Scope

If client adds additional work after the project contract has been signed, then the project will produce additional attention which will produce additional charges and contract will be amended. If contract is significantly changed, the Client’s contract will become null and void and a new one will be generated.

Entire Agreement

This agreement contains the entire agreement of the parties.  No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

Arbitration

Any controversy, disagreement, or claim that come to light relating to agreement by either party to the other may be executed by personal delivery in writing, mail or email, certified, postage paid with receipt return requested. In person notices will be deemed communicated as actual receipt.  Mailed notices will be deemed communicated as of the day of receipt or the fifth day mailing, whichever happens first.  Furthermore, breach of this agreement will be settled by arbitration in accordance with the rules of the American Arbitration Association.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction over the award.

Attorney Fees

If any legal action including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be sent by the court in the same action or in a separate action brought for that purpose, in addition to any relief to which the part may be authorized.

Governing Law

This agreement will be governed by and construed in accordance with the laws of the State of California.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE(S) AGREED UPON. CLIENT SHALL RECEIVE A DUPLICATE OF THIS AGREEMENT.