“Services” shall mean Company’s programs, deliverables, services (including research, drafting, delivery, consulting, and customization work) described in the Statement of Work and may include articles, White Papers, participant materials, facilitator materials and other materials (collectively, “Materials”).
Intellectual Property. Client acknowledges and agrees that Company is the owner of all intellectual property rights in and to the Services and Materials. Company acknowledges and agrees that Client will retain all right, title and interest in and to Client’s intellectual property and other information. Company grants to Client a nonexclusive, nontransferable, limited license to use the Services and Materials solely for use by Client. Client grants company a nonexclusive, nontransferable, limited license to use Client’s logo in Company’s promotional materials; Consent can be revoked at any time in writing.
Client agrees to pay all amounts due hereunder within thirty (30) days of the invoice date. Any late payments shall include a late fee of 1.5% per month until paid. In addition to any other available remedies, Company shall be entitled to suspend all deliveries to Client under this Agreement until all invoiced amounts have been received. Client shall reimburse Company for all reasonable travel and lodging expenses (“Reimbursable Expenses”), which may be invoiced separately from Service fees.
Cancellation/Rescheduling. If Client reschedules or cancels an engagement with less than fifteen (15) business days’ prior written notice, Client will pay a fee of forty percent (40%) of the total engagement price. If no written notice is provided, Client will be liable for all costs of the engagement. Client will be charged for all Materials which ship prior to cancellation. If Client reschedules a cancelled engagement, Client will pay the full engagement price plus travel and other expenses for the rescheduled event and Company will credit Client half of any cancellation fees paid.
Client can only return defective Materials.
All shipping costs will be invoiced to Client. Company is not responsible for delays of shipments.
Warranty/Disclaimers. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. COMPANY’S AGGREGATE LIABILITY TO CLIENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO COMPANY IN THE YEAR IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO THE CLAIM. COMPANY SHALL COMPANY NOT BE LIABLE TO CLIENT FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND GOODWILL.
Confidential Information. During the Term of the Agreement and for three (3) years thereafter, each party agrees to maintain the confidentiality of the other party’s Confidential Information and shall not, directly or indirectly, disclose or reveal it to any third party, or seek to use it for any purpose, except as contemplated in this Agreement or as required by a court or governmental authority of competent jurisdiction. “Confidential Information” includes: (a) any information relating to this Agreement; and (b) any other information that either party reasonably holds in confidence or has received from a third party under an obligation of confidentiality for which it has informed the other party. The following information will not be considered ”Confidential Information”: (w) information that is already available to the public at the time of disclosure; (x) information that becomes available to the public, through no fault of the receiving party; (y) information that is known by the receiving party prior to the disclosure; and (z) information that becomes known through a third party under no obligation not to disclose it.
Term and Termination. The “Term” of this Agreement shall commence on the Start Date and end on the End Date (as defined in the Statement of Work). This Agreement may be terminated: (a) by written notice from either party in the event the other party materially defaults in the performance of its obligations hereunder, if such default has not been cured within thirty (30) days of written notice thereof, or (b) by Company immediately, in the event Client has breached section 2 of this Agreement.
Miscellaneous. The parties are independent contractors. Obligations under this Agreement which by their nature should survive will remain in effect after the termination of this Agreement. Each party will be excused from performance hereunder (except for the payment of money due) for any period and to the extent that it is prevented from performing its obligations, in whole or in part, as a result of delays caused by an act of God, war, civil disturbance, terrorism or nonperformance by third party providers of goods or services, and such nonperformance shall not be a default hereunder or grounds for termination. This Agreement will be governed by the laws of the State of Colorado, excluding its conflicts of law rules. No delay or omission by either party to exercise any right or power under this Agreement will be construed to be a waiver thereof. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one instrument. This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes the terms and conditions of any prior agreement among the parties. This Agreement may not be modified except by a writing signed by both parties.
Repositioning of a global Payments Brand through digital Marketing Transformation
Developed a complete redesign of the Go-to-Market strategy with Marketing at the core of the change implementation for a leading, global Payments provider. This “structure follows strategy approach” covered:
Unified Needs-based Segmentation and Persona development for all regions
Global Marketing Transformation Strategy
Brand Re-Positioning incl. Thought Leadership Content
Digital B2B Demand Generation program
Digital Customer Experience approach
Creation and definition of all Industry Segment specific Value Propositions
Restructuring of regional and build out of global Marketing department
“Lean” optimization of all key operational processes (eg. Demand Generation, Budget & Events Management, Content & Campaign Creation etc.)
This supported the growth strategy to become the largest, global non-bank Payment’s provider.
