Advocation Client Agreement

This agreement confirms the understanding and agreement that follows between and any client regarding services to be rendered by Advocation.

The terms of the agreement are as follows:

FEE. As compensation for services rendered, Client agrees to pay Advocation a one-time fee as detailed on the checkout page, due prior to the audit beginning. 

FAILED PAYMENTS. In the unlikely event that a payment fails to process, Advocation will request new payment details. If payment is not provided within ten (10) days of request, Advocation will pause work until payment is received without penalty; however, this does not remove Client’s obligations. 

LIMITATIONS OF LIABILITY.  Client acknowledges that Advocation is not guaranteeing and can in no way be liable for increasing or preventing a decrease in the Client's earnings. Client further agrees that, to the extent allowed by applicable law: (i) Advocation shall have no liability for consequential or incidental damages, even if it has been advised of the possibility of such damages, (ii) Advocation shall have no liability for any actions or results for any adverse situations created as a result of the Services, and (iii) Advocation’s liability arising out of contract, negligence, strict liability, in tort or warranty shall in no event exceed the amount of the fee paid by Client under this Agreement.  This limitation will not apply in cases in which such limitation of liability shall be contrary to law.  

INDEPENDENT CONTRACTOR. In the performance of all services hereunder, Advocation shall be deemed to be and shall be an independent contractor, and not an employee, member, agent, servant, or representative of the Client. Advocation shall have no authority to transact business, enter into agreements or otherwise make commitments on behalf of the Client.  The parties shall not, by virtue of the terms of this Agreement or other joint action with the other, be deemed to be a partner, joint venture, or other agent of the other party.

AGREEMENT AND SEVERABILITY. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and constitutes the entire agreement of the parties with respect to the subject matter hereof superseding all prior written or oral agreements, and no amendment or addition hereto shall be deemed effective unless agreed to in writing by the parties hereto. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way and shall be construed in accordance with the purposes and tenor and effect of this Agreement.

VENUE AND FEES.  This agreement shall be construed and governed by the laws of the State of Texas, without regard to its conflicts of laws rules.  For all controversies arising in relation to this agreement or otherwise as a result of Client’s representation shall lie only in the Municipal Court or Small Claims Court in the State of Texas, Austin. In the event of any litigation arising from breach of this agreement or the services provided under this agreement, the party prevailing in the resolution of any claim will be entitled to an award of attorney’s fees and costs incurred in the claim, without regard to any statute, schedule or rule or court purported to restrict such award.

AGREEMENT EXECUTED IN COUNTERPARTS.  This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed to be one and the same instrument.

CONFIDENTIALITY. Both parties agree to maintain confidentiality and not disclose or use for its own benefit or for the benefit of any third party any information, documents, or materials identified as proprietary or confidential at the time made available, unless a conflicting agreement already exists between the parties, it is required for the performance of services under this agreement or it is required by law. Confidentiality obligations, however, shall not extend to any information, documents, or materials that (a) become publicly available without breach of this agreement, (b) are received from a third party without restriction, or (c) are independently created without reference to information received hereunder from the other party. 

INTELLECTUAL PROPERTY. Both Parties agree that Advocation owns all copyrights and other intellectual property rights in any jurisdiction in, arising out of, or associated with all of Advocation’s work created for or in connection with the Client, unless otherwise noted in writing, and it is protected by copyright, trademark, and other intellectual property laws. Client agrees Advocation’s works were not created as a work made for hire under the U.S. Copyright Act.

Upon payment in full of all fees, costs and expenses due, Advocation grants to the Client a perpetual non-exclusive license of the rights to copy, display, transmit, and create derivative works of Advocation’s work for the Client for use in its own trade or service.  Client may not sell, transfer or share Advocation’s work with any third party for use by that third party.  For example, the Client may make updates or changes to the works to use within its own business, but may not sell or license them to anyone else or share them with another third party for use.

The Client’s use of Advocation’s works other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”).

CODE OF ETHICS. We have an obligation to conduct ourselves with the highest standards of truth, accuracy, fairness, and responsibility toward the public. Therefore, both parties agree to adhere to the Public Relations Society of America’s (PRSA) Code of Ethics.

Upon payment, Client agrees to the above terms & conditions.

We appreciate the opportunity to be of service and look forward to working with you and your company.