Terms of Agreement  & Marketing Service Agreement

Effective Date: [10/20/24]

For Purchases Made at LocalHeadsUp.com

This Marketing Service Agreement (“Agreement”) is entered into on the date of purchase by the Client (“Client”), who is the purchaser of Local Heads Up’s “Every Door Direct Mail” (EDDM) one-time or monthly local mailers.

1. Services Provided

Local Heads Up agrees to design, print, and distribute marketing postcards on behalf of the Client to residential addresses as part of its marketing services.

Specifically:

Quantity: 4,900 postcards will be printed and distributed to residential addresses within the Albany, Oregon area.
Guarantee: The distribution quantity will not be fewer than 4,900 postcards.

2. Scope of Guarantee

Local Heads Up guarantees the printing and distribution of 4,900 postcards as specified.
The guarantee applies solely to the physical distribution of postcards to the agreed number of residential addresses.
No Guarantees on Performance: Local Heads Up does not guarantee or make any warranties regarding engagement, response rates, or return on investment resulting from the postcard distribution.

3. Client Acknowledgment

The Client expressly acknowledges and agrees that:

Local Heads Up’s services are limited to designing, printing, and distributing the agreed number of postcards.
The results of the campaign, including engagement, response rates, or actions taken by recipients, are beyond Local Heads Up’s control and are not guaranteed.
Dissatisfaction with engagement or response rates will not entitle the Client to a refund or create any liability for Local Heads Up.

4. Payment Terms

The Client agrees to pay Local Heads Up the full pricing for services provided under this Agreement.
Payment Requirement: Full payment is required before design and printing services commence.

5. Indemnification

The Client agrees to indemnify and hold Local Heads Up harmless from any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) arising from:

The content provided by the Client for the postcards, including claims of false advertising, copyright infringement, or intellectual property violations.
The results or lack of results from the postcard campaign, including low engagement or response rates.

6. Limitation of Liability

To the maximum extent permitted by law, Local Heads Up’s liability for any claims, damages, or losses arising under this Agreement is limited to the amount paid by the Client for the specific service giving rise to the claim.

7. Term and Termination

This Agreement remains in effect until the completion of the services described.
Either party may terminate the Agreement in writing in the event of a material breach of its terms.
Cancellation Policy: No refunds will be provided if cancellation occurs after printing or distribution has commenced.

8. Governing Law

This Agreement is governed by the laws of the State of Oregon. Any disputes arising under this Agreement shall be resolved exclusively in the courts of Oregon.

9. Entire Agreement

This Agreement constitutes the entire understanding between the parties regarding the described services and supersedes all prior agreements or discussions. Any amendments must be in writing and signed by both parties.

10. Acceptance

By purchasing mailers through LocalHeadsUp.com, the Client acknowledges that they have read, understood, and agree to all terms and conditions outlined in this Agreement.

For questions or concerns, please contact: kim@localheadsup.com