Media Consulting Services is a sole proprietorship formed in 1990 in the State of New York and is currently based at 1270 Fifth Avenue, Suite 7L, New York, NY 10029. ReadOurNews.com and ReadOurNews are the wholly owned intellectual property of Media Consulting Services. By purchasing any of the services represented on the website ReadOurNews.com, or through direct payment to Media Consulting Services by any means, the customer (herein referred to as “Client”) agrees to the following terms, unconditionally:
Payment Terms. Periodic/subscription service fees agreed to by Client are due and payable prior to the subscription period or commencement of work. Setup/design fees, if any, are due and payable upfront.
Fees are payable by major credit card to be kept on file (securely). All other fees including those for additional stock photography, services or software, if any, are due in advance, payable by major credit card to be kept on file.
Suspension of Service. For charges related to one-time fees or subscription charges that remain unpaid for more than 30 days past the specified deadline (as defined in this document), Media Consulting Services reserves the right to suspend service until payment is satisfied.
Pricing. Prices for all plans and deliverables are as stated on this website. However, there is no warranty of final cost for renewal of plans and deliverables. For any and all creative or consulting work, estimates are subject to change if client specifications change, or if Media Consulting Services deems that price changes are necessary for any reason, in its sole discretion.
For any consulting, Client training, briefings, writing, or creative production deemed by Media Consulting Services to be outside the scope of deliverables offered on this website, the fee is $125 per hour of consulting or creative production, including time for transportation to Client (portal-to-portal) for any in-person meetings, plus any other related out-of-pocket-expenses. Fees for said services will be invoiced and charged to the Client credit card on file within 15 days from the completion date of actual work, or from the time funds are spent by Media Consulting Services.
No additional services or custom work (i.e., beyond the scope of the service package agreed to by Client) will be started, invoiced or charged to the Client, without the express written consent of the Client.
Revisions. For all creative work ordered by Client for which a flat fee or no fee (complimentary) has been agreed to, reasonable and customary revisions are included in pricing, not to exceed one major round of corrections, and minor corrections, as needed, at the discretion of Media Consulting Services. Creative work that falls beyond the scope of “reasonable and customary” as determined by Media Consulting Services and generally accepted principles of commissioning creative work will be priced per hour of work in accordance with the terms of this agreement.
Cancellation/Refund Policy. All fees paid to Media Consulting Services by Client for any reason are NON-REFUNDABLE, unless otherwise authorized and agreed to by Media Consulting Services.
Periodic/subscription services may be cancelled by Client with at least one month in advance of the next payment/subscription period. Payment for services/subscriptions, such as an Annual Plan, are non-refundable for the current period, i.e., the period in which services have been paid for and are currently being supplied.
Timing of Deliverables. Timely approvals by Client are crucial to on-time setup and delivery of creative products and services. Promised delivery times are estimates, and are null and void if delays are due to Client failing to provide information or approval of creative elements deemed necessary to continue work.
Editorial Content. By purchasing a subscription from ReadOurNews.com, Clients assigns to Media Consulting Services on behalf of Client the responsibility for curating online articles, videos, images and other such publicly available content, as well as creating/producing content to be presented on Client’s online blog, in eNewsletters and on Client’s Social Media pages, without prior approval of such content by Client.
Copyright and Right to Distribute. Media Consulting Services is the sole owner of all intellectual properties or lessee of properties for its use, which are published on behalf of Client, including but not limited to brands, sales marks and trademarks, original articles and copy writing, images, video, commercials and promotions, graphics and templates.
Client owns the rights to graphics and images, if any, of its business, its surrounding locations, its owners, affiliates and staff/employees, provided they were not created or supplied by Media Consulting Services.
In addition, Clients contracting with Media Consulting Services for web design, webmaster and hosting services are awarded ownership of the website that has been developed or maintained. Ownership of such properties will be transferred to Client upon full payment of agreed upon fees. Exceptions: All software plug-ins and other software, paid hosting and other service subscriptions, and other elements owned by Media Consulting Services or leased from outside parties are considered the rightful property of Media Consulting Services, and may be removed from the website’s database and files upon termination of the web hosting subscription or webmaster services supplied by Media Consulting Service or other vendors contracted by Media Consulting Services, Client or other related party, as described in this Agreement unless other arrangements have been agreed to by the Client and Media Consulting Services.
Any work required to transfer, save or otherwise transition website content to other vendors, hosting sites or other parties or digital channels on behalf of the Client will be billed at the rate of $125 per hour.
Similarly, Media Consulting Services is copyright owner of all creative materials and brands for any creative property provided by Media Consulting Services, with the exception of references and content curated from other sources, the copyright of which is owned by those outside respective parties such as online posts, videos or articles which have been legally obtained for display on Client’s properties. Unauthorized usage by Client of stock images and video provided legally to Client is considered copyright infringement and may be subject to fees or legal action by the originator of that property or by Media Consulting Services.
All content supplied to Client by Media Consulting Services (excluding content designed exclusively for Client by Media Consulting Services) shall be considered “shared content”. Media Consulting Services reserves the right to distribute that content to other paid clients at its sole discretion, under the same or different terms agreed to by Client.
Usage of any original material from any services, in whole or in part, is restricted to current/paid clients under the terms outlined in this document. Violations of copyright or usage such as the sharing of original material with parties who are not clients of Media Consulting Services or in a manner beyond which is outlined in this Agreement are subject to additional fees or legal action.
Client has the right to distribute/post content as part of paid services or other property to its own social media pages, including but not limited to the Client’s Facebook page(s) and Twitter feeds. Distribution/posting of content to social media pages or feeds other than those belonging to, and branded with, Client’s primary trade name is strictly prohibited.
Scope of Services. Services provided by Media Consulting Services under this agreement do NOT include the creation of original content expressly for Client, nor does it include the posting of content provided by Client that requires substantial revisions, graphic alterations or other changes agreed to by Client. Such additional support will be provided at the discretion of Media Consulting Services, at an hourly rate to be determined by Media Consulting Services. The number and extent of posting of materials contributed by Client to the online newsletter or blog will be fulfilled at the sole discretion of Media Consulting Services, and may be subject to change or additional fees.
Cancellation of Service by Media Consulting Services. Media Consulting Services reserves the right to cancel the provision of services at its sole discretion for cause, including the discovery of unethical, discriminatory or illegal activities or behavior conducted by Client that are not immediately remedied upon discovery. Client shall hold Media Consulting Services harmless, legally and financially, from any such activities or behavior conducted by Client.
Contractor Status. Media Consulting Services’ status under this Agreement shall be that of an independent contractor, and not that of an agent or employee. Client has no right to direct and control the manner in which Media Consulting Services renders services, both as to final results and as to the details of when, where and how the services are to be rendered, as long as they are legal, and rendered to specifications agreed to by Client.
Federal, state and local payroll taxes. Client will not withhold or pay on behalf of Media Consulting Services or any of his employees’ federal, state or local income taxes or any other tax of any kind. In accordance with the terms of this Agreement, and the understanding of the parties herein, Media Consulting Services shall be treated as a temporary contractor with respect to the services performed hereunder for federal and New York State tax purposes. Client will be expected to issue to Media Consulting Services a 1099 form for services for the appropriate tax year and by the appropriate deadline.
Notice to the independent contractor regarding its tax duties and liabilities. Media Consulting Services understands that it is responsible to pay his income tax in accordance with federal, New York State and local law. Media Consulting Services further understands is liable for Social Security and Medicare taxes, to be paid in accordance with all applicable laws.
Guarantees. Client shall hold Media Consulting Services harmless from lawsuits, negative judgments, negative publicity and financial loss experienced by Media Consulting Services for any reason, whatsoever. Media Consulting Services hereby promises to maintain complete confidentiality as to the operation, marketing, financial performance or other aspects of Client’s business/practice if such information affects the programs and campaigns produced by Media Consulting Services.
Modification. Changes, modifications or waivers pertaining to any term of this Agreement shall be void unless in writing and signed by both Client and Media Consulting Services.
Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between Client and Media Consulting Services.
Applicable law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of New York State without regard to conflicts of law principles.
Hereby agreed to by Client and Media Consulting Services.
MEDIA CONSULTING SERVICES
1270 Fifth Avenue, Suite 7L
New York, NY 10029