TERMS AND CONDITIONS

Last Updated on August 12, 2025.

1. INTRODUCTION.

These are the official Terms and Conditions for Jordyn McCoy | Marketing + Creative located in Washington State, United States, herein known and referenced as “Contractor,” “Company,” “Our,” “We,” and “Us.”

Our email is [email protected]. “Client,” “You,” and “Your” refers to users of this Contractor’s website, communications, products, services  and related materials, herein known as “Offering” or “Services.”

NOTICE: These Terms and Conditions are legally binding. It is Your responsibility to read these Terms and Conditions carefully prior to purchase, use, or access of any of Our products, including online courses.

2. PURPOSE OF THE AGREEMENT AND TERMS & CONDITIONS.

Client wishes to engage Contractor to provide services and/or access to the offering purchased ("Offering"). Contractor agrees to provide such services or offerings according to the terms of this Agreement.

The best work comes out of great relationships. Honesty, respect, and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.

3. ACCEPTANCES.

The undersigned representative of Client has the authority to enter into this Agreement on behalf of Client. Client agrees to cooperate and to provide Contractor with everything needed to complete the Services (as defined in Section 4.1) as, when and in the format requested by Contractor. Contract has the experience and ability to do everything Contractor agreed to for Client and will do it all in a professional and timely manner. Contractor will endeavor to meet every deadline that’s set and to meet the expectation for Services to the best of its abilities.

All Offerings are owned and provided by Contractor. These Terms and Conditions govern and define how the Client is permitted to use and access the Offering. Contractor reserves the right to update and change these Terms and Conditions at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

By purchasing or accessing the Offering, the Client acknowledges and agrees that the Client is legally bound by these Terms and Conditions whether or not the Client has read them. If the Client does not agree with any of these Terms, please email the Contractor using the contact details listed at the top of this agreement. Contractor will make reasonable efforts to remove the Client's information and access to the Offering and/or related website(s), subject to any payment or refund provisions (as defined in Section 5).

4. SCOPE OF SERVICES.

4.1 Description of Services.

Contractor agrees to perform services and/or provide access to the digital products, courses, or other Offerings as described on the specific sales page and Client agrees to pay Contractor as described in Section 5 of this Agreement (Payment Terms).

4.2 Additional Services.

To the extent that Client needs or desires additional services from Contractor, such services will be provided at the rate of $150.00 per hour, unless a flat rate or other arrangement is agreed upon in writing prior to Contractor providing those services. The Parties agree that payment for such additional services shall be made within seven (7) days of receipt of the invoice.

4.3 Changes to Services.

Any material changes to the Services, including work to be performed and related fees must be approved in writing by both Parties before taking effect. Such changes may include, but are not limited to, modifications in project objectives, additional work outside the scope of the agreed upon Services, or adjustments to deadlines that materially impact the Contractor’s resources or schedule.

5. PAYMENT TERMS.

5.1 Payment Schedule.

Client understands the importance of timely payments to ensure continuity of services and maintain a positive and productive working relationship with Contractor. Client agrees they are financially willing and capable of engaging Contractor’s Services and are doing so voluntarily, without incurring economic hardship. Deposits and payments for each invoice delivered by Contractor to Client are due within (7) days of receipt. 

If payment is not received by the due date, Contractor will notify Client will via email. Client will have a grace period of seven (7) days from the date of such notice to cure the non-payment following the date, or the Services will be put on hold and subjected to different pricing or a pause fee.

5.2 Expense Reimbursement.

Client shall reimburse Contractor for all reasonable expenses and necessary out-of-pocket expenses incurred in connection with the Services, provided Client pre-authorized such expenses in writing by Client in advance. Contractor shall provide an itemized invoice for such expenses, and payment shall be due within seven (7) days of receipt. Reimbursable expenses may include, but are not limited to, travel, materials, third-party services, and other project-related costs, as agreed upon in advance.

5.3 Refund Policy.

Contractor is committed to providing high-quality services and invests significant time, effort, and resources into her work. Accordingly, all payments made under this Agreement are non-refundable. If Client chooses to terminate the Agreement at any time for any reason, Client remains responsible for full payment of all fees due under the Agreement, regardless of the stage of completion, unless otherwise agreed in writing by Contractor. 

If Client cancels the project after execution of this Agreement but before any Services has commenced, Client will be charged a non-refundable consultation and administrative fee of $100.

6. TERM AND TERMINATION.

6.1 Termination Without Cause.

Either party may terminate this Agreement at any time, with or without cause, by providing the other party with twenty-one (21) days’ advance written notice. 

6.2 Termination for Material Breach.

Either party may terminate the Agreement immediately if the other party commits a material breach of this Agreement and fails to cure such breach within seven (7) days of receiving written notice from the non-breaching party of such breach. 

6.3 Definition of Material Breach.

A “material breach” is any party’s failure to perform a substantial obligation under the Agreement that substantially impairs the value of the Agreement to the non-breaching party.

6.4 Termination Without Cause By Client.

If this Agreement is terminated by Client without cause, Client agrees to pay Contractor any and all sums which due and payable for: (i) Services provided as of the date of termination and (ii) expenses already incurred, including non-cancelable commitments made by the Contractor in anticipation of the Services being performed. Contractor agrees to use the best efforts to minimize such costs and expenses.

6.5 Effect of Termination.

Termination of this Agreement for any reason shall not affect the rights granted to Client by Contractor hereunder. Upon termination, Client shall pay to Contractor all undisputed amounts due and payable. If, as of the termination date, Client has not paid Contractor for any undisputed fees owed for the materials, deliverables or Services provided, Client agrees not to use any such material or the product of such Services until payment in full has been made. Any provision in this Agreement that, by its language or context, is intended to survive termination or expiration shall remain in effect. Notwithstanding anything to the contrary in this Agreement, Contractor shall retain a perfected security interest in the deliverables or materials until Client has paid all undisputed amounts in full. Contractor agrees to release its security interest upon receipt of full payment for all undisputed amounts.

7. INTELLECTUAL PROPERTY RIGHTS.

7.1 Ownership and Licenses.

Client shall own all rights, title, and interest in the work product produced under this Agreement (“Work Product”). The Contractor irrevocably assigns to the Client all existing and future rights, title, and interest in the Work Product, contingent upon full payment by the Client.

Notwithstanding the foregoing, the Contractor retains the right to use and display the Work Product in its portfolio, on its website, or for other business marketing purposes. The Contractor also acknowledges that, unless otherwise agreed in writing, they have no right to license, sell, or otherwise use the Work Product beyond those purposes.

7.2. Right to Authorship Credit.

Contractor retains the right to be credited as the creator of the deliverables. While Client is not required to display Contractor’s name publicly, Client shall not mislead or misrepresent authorship of the work or claim it was created by another party.

Client grants Contractor the right to display and share the final work product, in whole or in part, for the limited purpose of promoting Contractor’s services in portfolios, websites, social media, galleries, and other promotional media. Contractor will not disclose or publish any confidential or non-public materials without Client’s prior written consent.

8. CONFIDENTIALITY AND NON-DISCLOSURE.

Both Parties shall maintain, in the strictest confidence, all (i) nonpublic information (at the time of disclosure) disclosed by one party to the other party under this Agreement, provided such information is marked or indicated by the disclosing party to be confidential and (ii) any information which ought reasonably be considered confidential with regard to the circumstances surrounding disclosure, whether or not such information is marked “confidential” (“Confidential Information”). 

If a party is required to disclose Confidential Information by law, it must provide the other party with prompt notice, to the extent permitted, so the other party may seek legal remedies to protect confidentiality.

Each party receiving Confidential Information shall be responsible for any breach that is caused by its employees, affiliates, representatives, or agents and agrees to indemnify and hold harmless the other party from and against any liabilities, claims, damages, losses, costs, and expenses. The obligations of this Section shall survive termination of this Agreement for a period of three (3) years.

9. NON-DISPARAGEMENT.

If there is a dispute between the Parties, the Parties agree that they will not publicly make statements, remarks, or comments (verbally or in writing), in any medium (including, without limitation, on any social media platform), that would tend to disparage either party or harm either party’s professional interests or reputation. However, the Parties will not be restricted from providing truthful information about each other as required by law.

10. WARRANTIES AND PERFORMANCE.

10.1 Contractor Warranties.

Contractor warrants that: (i) the Services will be performed in a professional and workmanlike manner and will not be inconsistent with any of Contractor’s existing obligations to others; (ii) the Services any resulting work product will not infringe, misappropriate or violate any intellectual property or other rights of any third-party (including, without limitation, Contractor); (iii) Contractor has full legal authority to provide Client with the assignments and rights provided herein; (iv) Contractor will comply with all applicable laws while performing the Services; and (v) if any license is required to perform the Services, Contractor has obtained and will maintain such license in good standing. 

EXCEPT AS SET FORTH IN THIS AGREEMENT, CONTRACTOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, COMPLETENESS OR RESULTS TO BE DERIVED FROM THE WORK. EXCEPT AS SET FORTH HEREIN, ALL DELIVERABLES ARE DELIVERED ON AN “AS-IS” BASIS.

10.2 Performance Disclaimer.

Client acknowledges that while Contractor provides strategic marketing guidance, promotional support, and launch planning, the success of any book, including but not limited to sales performance, reader engagement, reviews, and market reception, is influenced by numerous factors beyond Contractor’s control. Contractor makes no guarantees regarding specific outcomes, sales figures, or audience reach.

Client agrees that Contractor shall not be held liable for any perceived lack of success, financial performance, or public reception of the book. All marketing strategies and recommendations are based on industry best practices and experience, but results may vary.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY. 

Client agrees to indemnify, defend and hold harmless Contractor from and against any and all claims, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of: (i) Client’s use of the Services or deliverables; (ii) any content, materials, or information provided by Client that infringe upon or violate the rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) Client’s breach of any of obligation, representation, or warranty under this Agreement. 

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CONTRACTOR SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF THIS AGREEMENT, CONTRACTOR’S PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CONTRACTOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY CLIENT TO THE CONTRACTOR UNDER THIS AGREEMENT.

12. RELATIONSHIP OF THE PARTIES.

Nothing contained in this Agreement shall be construed to create a partnership, joint or co-venture, agency or employment relationship between Contractor and Client. Both Parties agree that Contractor is, and at all times during this Agreement shall remain, an independent contractor.

13. CONDUCT AND COMMUNICATION.

13.1 Appropriate Conduct.

Client and Contractor will seek to maintain a professional relationship that is free from harassment of any kind or any other offensive or disrespectful conduct. If at any time during the term of this Agreement Contractor believes that she has been subjected to harassing behavior on the part of Client or Client’s staff, Contractor will notify Client immediately and request corrective action. If the reported behavior continues after the Contractor’s second notice, it will constitute a breach of this Agreement, entitling Contractor to terminate the Agreement in accordance with Section 6 (Term and Termination). The Contractor will be entitled to full payment for the ordered project or for the planned monthly service hours, as applicable, without limiting any other right or remedy available under the law.

13.2 Notices.

Any notices required under this Agreement shall be sent via (i) United States Postal Service or a nationally recognized carrier to the other party’s address on file or (ii) e-mail to the other party’s designated representative. The signatory of this Agreement shall be considered the designated representative for notices unless the party notifies the other party in writing of a different designated representative. Each Party is responsible for providing and updating, as necessary, the mail and e-mail address on file for such notices. Notices sent by email shall be deemed effective once sent, provided no error or “bounce back” is received within twenty-four (24) hours of submission.

14. FORCE MAJEURE.

No failure or omission by a party in the performance of any obligation under this Agreement shall be deemed a breach of this Agreement or create any liability if such failure or omission shall arise from any cause or causes beyond the reasonable control of such party which cannot be overcome through that party’s reasonable diligence, e.g., strikes, riots, war, acts of terrorism, acts of God, severe illness, invasion, fire, explosion, floods, and acts of government or governmental agencies or instrumentalities.

15. LEGAL TERMS.

15.1 Governing Law.

This Agreement is governed by the laws of the State of Washington, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. In any proceeding to enforce or declare rights under this Agreement, the prevailing party shall recover its reasonable attorneys’ fees and costs from the non-prevailing party. 

15.2 Severability. 

If any provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of the Agreement will not be impaired. 

15.3 No Assignment.

The Client may not assign or delegate any of the Client’s rights or obligations under this Agreement to any person without the prior written consent of the Contractor. 

15.4 Entire Agreement.

This Agreement contains the entire understanding of the Parties regarding the subject matter hereof and supersedes all previous and contemporaneous negotiations and agreements, whether oral or written, between the Parties.

16. INTERPRETATION.

16.1 Headings.

The section and subsection heading used in this Agreement are for convenience only and will not be used in interpreting this Agreement.

16.2 Mutual Drafting.

Both parties have had the opportunity to review this Agreement and neither party will be deemed the drafter of this Agreement for the purposes of interpreting any ambiguity in this Agreement.

17. ALL RIGHTS RESERVED.

All rights not expressly granted in these Terms and Conditions and Privacy Policy or any express written here, are reserved by Contractor.