Terms of Use

The “client” and Andrew Ledell of Truth Hacking LLC DBA Traffic + Co (the “consultant”) agree to keep, perform and fulfill the promises and conditions set out in this agreement:

1. 1. Services. The consultant shall provide this service based on the terms laid out within this agreement (“services”).
2. 2. Term. This agreement will commence on the effective date of the signing of this agreement.
   3. Compensation and payment. For the services outlined in this agreement, the client will pay to the consultant the amount(s) outlined under “payment” before the initiation of services. The obligation of the consultant to perform the services is conditional upon payment by the client and performance by the client of its obligations hereunder.
3. 4. Guarantee. By the nature of the business, we cannot guarantee specific results.
5. 5. Ownership of materials. All marketing campaigns, copy, designs, videos, animations, etc. and intellectual property produced by the consultant hereunder in connection with the services shall be property of the client. However, the consultant may in some cases use client’s ad creatives as work samples to demonstrate the consultant’s abilities to others.
6. 6. Exclusivity. The client agrees that the consultant shall remain its exclusive Facebook and Instagram advertising agent for the specific offer being promoted for the duration of this agreement. This does not include other contractors or agencies working on any other promotions, but specifically paid advertising that is run to Facebook and Instagram from inside the Facebook Ads Manager.
7. 7. Non-exclusivity of the consultant. The client agrees that the consultant may at times be engaged by other clients in a similar industry as the client, though never for a direct competitor. Nothing shall prevent the consultant from doing so. At all times the consultant will endeavor to protect the confidentiality and intellectual property of the client.
8. 8. Client requirements. The client agrees to the following terms:
   1. – Client can contact consultant via email (aledell311@gmail.com) or Slack or by booking a client call at https://findyourpeopleyoucanbookme.com as needed. Consultant will typically respond within 24 hours Monday – Friday. – – Our main office hours are 9 AM – 5 PM Central Time, Monday – Friday. Consultant is NOT available on weekends.
   2. – Changes to a campaign offer can be submitted to the consultant for review on an as needed basis.
   3. – The conduct and control of the services to be performed under this agreement shall lie solely with the consultant.
9. 9. Indemnity: Client agrees to at all times defend, indemnify and hold harmless consultant and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees from any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to breach by client of any warranty, representation or covenant in this agreement.
10. 10. Additional services. The scope of the services is limited to the aspects laid out in this agreement. Any further consultation / service will be considered a new and separate agreement billed separately. The client acknowledges and agrees that the services provided under this agreement for the use of the client are the limit of this agreement. Any further or future services will require a separate agreement. The terms and conditions herein set forth constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede any and all prior agreements, undertakings, representations and communications between the parties. No assignment or modification of this agreement shall be binding unless made in writing and properly executed by each of the parties hereto.
11. 11. Miscellaneous.
    1. – Compliance with laws: In performing duties under this agreement, the parties shall comply with all applicable laws, rules and ordinances applicable thereto.
    2. – Choice of law: This agreement is to be construed as to form, substance and procedure in accordance with the laws of Kansas.
    3. – Good faith: Consultant and client shall act in good faith and use their best efforts to comply with their obligations under this agreement, and shall cooperate in accomplishing the purposes of this agreement. Further, neither party shall directly or indirectly engage in activities which would be detrimental to or interfere with the operation or reputation of the other party.
    4. – Independent contractor: This agreement does not create a fiduciary relationship between consultant and client. Client and consultant shall be and remain independent contractors. Nothing in this agreement shall constitute either party, as the general or special agent, legal representative, subsidiary, joint vernturer, employee or servant of the other for any purpose, nor shall anything in this agreement cause the employees of either party to be employees of the other. Consultant is responsible to pay his own income taxes on compensation paid hereunder and is not being provided with any health benefits of any kind.
    5. – Mediation / arbitration / attorney’s fees: Any disputes arising under this agreement shall be resolved first by good-faith mediation between the parties. If the dispute persists despite party attempts at mediation, the dispute shall be resolved by arbitration in Wichita, Kansas. Both parties shall be entitled to engage in all forms of discovery as permitted under the laws of Kansas. The prevailing party shall be entitled to recover the costs of arbitration unless otherwise determined by the arbitrator and shall be entitled to reasonable attorney’s fees as determined by the arbitrator.
    6. – Integration: This agreement constitutes the entire agreement between the parties, and there are no other oral or written understandings or agreements between client and consultant. This agreement may be amended only by a written instrument signed by the parties hereto.
    7. – Notice: Any notice required or permitted to be given hereunder shall be in writing and shall be served upon the other party personally, or by certified mail, retire receipt requested, postage prepaid.
    8. – Authority: The signatories to this agreement possess all the necessary power and authority to enter into this agreement on behalf of their organizations, and to perform the obligations under this agreement. This agreement has been duly authorized, executed and delivered by the entities by their signatories and constitutes a legal, valid and binding obligation of both client and consultant enforceable against each other in accordance with its terms.
    9. – Headings: The headings utilized in this agreement are for convenience and are not to be construed in any way as additions or limitations of the covenants and agreements contained in this agreement.