Terms & Conditions

Terms and Conditions

Effective Date: July 30, 2025

Last Updated: July 30, 2025

Welcome to www.mindfulagency.com, owned and operated by Mindful Agency LLC ("Mindful Agency", "we", "us", or "our"). By accessing this website or engaging our services, you ("Client", "you", or "your") agree to be bound by the following Terms and Conditions, along with our Privacy Policy.

Please read these Terms carefully. If you do not agree to these terms, do not use our website or services.

1. Code of Ethics

Mindful Agency conducts all public relations and marketing services with the highest standards of ethics, truth, transparency, fairness, and responsibility toward the public, the media, and our clients.

2. Use of Services

By engaging with Mindful Agency:

You authorize us to act as your agent in marketing, media, and public relations matters.

You acknowledge that we may use freelancers, affiliates, and contractors in service delivery.

You agree to provide timely information, approvals, and materials necessary for project success.

3. Investments, Payments & Late Fees

All services require payment as outlined in individual agreements or invoices. Payment is due upon receipt unless otherwise agreed. If payment is over five days late, services may be paused. Invoices are considered approved 10 days after delivery unless disputed in writing.

Late Payments may incur:

$50 monthly fee

18% annual interest

Collection costs (approx. 25%)

Legal and attorney fees

Prepayment discounts may be available for quarterly or annual payments. All third-party payers (such as sponsors or funders) are jointly liable for payment.

4. Sequential Liability

Mindful Agency is only liable to pay vendors or suppliers on your behalf once your payment is received. If you fail to pay for a vendor expense, you are solely responsible for that payment.

5. Travel & Expenses

Out-of-pocket costs for travel, media, production, or third-party services are invoiced separately and may include a markup. These are due immediately upon invoicing. Travel is charged at IRS/GSA-compliant rates (e.g., airfare, mileage, per diem).

6. No Guarantees

Public relations outcomes depend on many variables outside our control. Therefore:

No guarantees or warranties are made.

No chargebacks or refunds are offered beyond scope-related quality issues.

Results may vary due to media bias, consumer behavior, competition, or market trends.

7. Media Placement Disclaimer

We do not control third-party media outlets and cannot guarantee publication, tone, or timing. While we will advocate on your behalf, final editorial decisions rest solely with the media.

8. Confidentiality & Mutual Respect

Both parties agree to:

Maintain confidentiality of sensitive business and personal information.

Not solicit or hire each other’s staff or vendors for two years post-relationship.

Avoid disclosing contract terms without written consent.

Mindful Agency may list your company name and logo as a client on our website and materials.

9. Termination Policy

Unless otherwise agreed in writing:

Contracts may only be terminated after nine months.

90 days’ written notice is required by either party.

Services, payment, and responsibilities remain in effect during the notice period.

10. Ownership of Materials

Upon full payment:

You own all final, approved, and original creative materials (excluding third-party IP).

We retain ownership of all proprietary tools, templates, strategies, and media lists.

We may showcase completed work in our portfolio or award submissions.

11. Analytics Access

To assess performance, we may request access to your website’s analytics. If you don’t use one, we recommend implementing Google Analytics or an equivalent tool.

12. Intellectual Property & Copyright

You represent that all materials you provide are owned by you and do not infringe any third-party rights. You agree to indemnify Mindful Agency from any claims related to content, trademarks, media, or copyright disputes.

News media coverage clips may be provided for reference, but you are responsible for securing legal rights to reuse or republish them.

13. Indemnification

You agree to indemnify and hold harmless Mindful Agency, its staff, affiliates, and contractors from any third-party claims, legal disputes, damages, or liabilities resulting from:

Client-provided content or directives

Defects in your products or services

Infringement of third-party IP

Any breach of these Terms

14. Limitation of Liability

In no event will Mindful Agency be liable for:

Indirect, incidental, punitive, or consequential damages

Damages exceeding the total amount you paid us in the previous 12 months

Any user-generated or media-published content after it leaves our control

All claims must be made within one year of the incident.

15. Dispute Resolution

Disputes must follow this sequence:

Written notice identifying the issue

30-day good-faith negotiation period

If unresolved, pre-litigation mediation (costs split evenly)

Non-jury civil litigation if mediation fails

Jurisdiction: Henderson, Nevada

16. Amendments & Agreement Binding

These Terms may be updated at any time without notice. By continuing to use our site or services, you agree to any revised terms. Any custom agreement signed between us and a client takes precedence where conflicting.

17. General Legal Notices

These Terms are severable; if one part is invalid, the rest remain in effect.

Headings are for reference only.

No waiver of rights is implied by any delay in enforcement.

This agreement may not be assigned without written permission.

By using this site or our services, you confirm you have read, understood, and agree to these terms.

18. Contact Us

For questions about these Terms and Conditions, contact:

Mindful Public Relations Inc.

Email: [email protected]

Website: www.mindfulagency.com