InvesTechs Terms of Service

General Terms of Service

  1. Scope of Terms. These General Terms of Service shall apply to all Services provided by InvesTechs in conjunction with the Service-Level Terms of Service for that specific service.

  1. Invoicing. Invoices will be automatically sent by InvesTechs to the Client 7 days prior to the due date. All payments for the Services shall be paid directly to InvesTechs. InvesTechs will provide the means for this transaction. Should the Client opt to pay with a Credit Card, they agree to pay 3% payment processing fees. The Client authorizes InvesTechs to store their payment method on file to charge automatically when invoices are due.

  1. Intellectual Property Rights. Throughout the process of performing the Services of this Agreement, both the Company and Client will provide the other with content. Both Parties to this Agreement warrant that they have the legal rights to this content and will not be infringing any intellectual property laws through delivery of this content.

    InvesTechs will retain Intellectual Property rights to the content created by the InvesTechs that was developed prior to this Agreement or developed outside of the scope of this Agreement. InvesTechs will license these features to Client for the purposes of the Campaign and for the duration of this Agreement, unless otherwise specified.

    All content, copy, media, creative assets, or otherwise created by InvesTechs for the Client under the Services of this Agreement shall be considered work for hire, and the resulting deliverables (the “Work Product”) shall be the intellectual property of the Client upon successful payment for the work product.

  1. Ownership.  Ownership of the Services, the InvesTechs Technology, copies, modifications and derivatives of the foregoing (in whole or in part), and all related copyright, patent, trade secret, trademark and other proprietary or intellectual property rights, are and will remain the exclusive property of InvesTechs.  InvesTechs reserves all rights not expressly granted by it to Client under this Agreement.  For the avoidance of doubt, the Services and related technology, not including the Work Product, are licensed, not sold to Client.

  1. License of Client Content.  In order to enable InvesTechs’ performance of its obligations under this Agreement, Client grants to InvesTechs, and InvesTechs accepts from Client, a non-exclusive, worldwide, royalty free license to copy, modify, display, store, use, transmit and display (including on and via the Internet) the Client Content, solely to the extent necessary to provide the Services to Client in accordance with this Agreement.

  1. License Grant to Client.  Subject to the terms and conditions of this Agreement, InvesTechs grants to Client a non-exclusive, non-transferable, license, solely during the Term of this Agreement, to access and use the Services, solely for Client’s internal use, solely in accordance to the license restrictions and any other terms and conditions set forth in this Agreement.

  1. Relationship of Parties. Company’s relationship to Client is that of an independent contractor and not that of an employee. Company will not be eligible for any employee benefits, nor will Client make deductions from payments made to Company for employee or income taxes, all of which will be Company’s responsibility. Company will have no authority to enter into contracts or other agreements that bind Client or create obligations on the part of Client without prior written authorization of Client.

  1. Approval of Work. Within five business days following receipt of any deliverables, the Client will provide Company with either (a) written approval and acceptance of such deliverable (which will not be unreasonably withheld), or (b) a written list of reasonable modification guidelines that will bring the deliverables into compliance with the SOW. Each deliverable hereunder will be deemed accepted by the Client if, within five business days of its delivery to the Client, the Client does not receive the foregoing written notice.

  1. File Sharing. InvesTechs will require specific files, documents, media, and other data (the “Assets”) from the Client in order to perform the Services. Client agrees to upload the Assets via Dropbox or Google Drive, or other suitable method of file sharing as provided by InvesTechs.

  1. Non-compete. InvesTechs will not agree to limit activities so as to not perform these types of services for other companies that may be in competition with Client.

  1. Non-Solicitation. Neither party shall solicit the other’s employees, independent contractors, vendors or consultants or engage them in any work independent of the parties’ relationship under this Agreement during the term of the Agreement and for two years thereafter.

  1. Employees. The Company’s employees and subcontractors, if any, who perform services for the Client under this Agreement shall also be bound by the provisions of this Agreement.

  1. Confidential Information. Confidential Information shall include all material, non-public information, written or oral, disclosed, directly or indirectly, through any means of communication or observation by the disclosing party, whether or not prepared by the disclosing party, or any of its affiliates or representatives to or for the benefit of the disclosing party. The party receiving Confidential Information will not use such information to its own use or for any purpose other than to carry out the terms of this Agreement. The Parties agree to take all reasonable measures to protect the secrecy of and avoid disclosure or unauthorized use of Confidential Information of the other party in order to prevent it from entering the public domain or the possession of persons other than agents of the Parties or persons to whom the Parties consent to such disclosure.

  1. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, successfully emailed, or deposited in the United States mail, postage prepaid, addressed as follows:

  1. Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with that provision in the future, or any other provision of this Agreement.

  1. Warranties. InvesTechs does not: act as a broker, maintain registration with FINRA, affect the transactions of securities, discuss investment details with potential investors, or take payment in the form of commissions on investment transactions.

    1. In no way, in this document or as a result of performing the Services, does InvesTechs provide legal or investment advice or affect the transactions of securities. InvesTechs does not guarantee the legality or compliance of the Client’s intended capital raise procedures. InvesTechs officially recommends that Client consult with legal counsel to establish a capital-raising plan within the regulatory constraints of exemptions to registering securities as provided and regulated by the SEC and FINRA.

    2. The process of raising capital requires several additional components outside the scope of the Services provided by the InvesTechs. Examples of these additional components include escrow accounts, bad actor checks, investor accreditation checks, and more. InvesTechs shall not be responsible for the expenses or liabilities of these components, unless explicitly stated in this Agreement.

    3. InvesTechs shall not be liable for any damages arising out of litigation or conflict between the Client and any Lead or Meeting generated by InvesTechs.

    4. InvesTechs does not guarantee successful fundraising efforts.

    5. Except as otherwise specifically set forth in this Agreement, all fees are non-refundable.

  1. Further Restrictions.  Client shall not modify, adapt, resell, rent, lease, loan, create or prepare derivative works based upon the Services, the InvesTechs technology, the Documentation or the Hosted Materials, or any part thereof.  Client shall not use the Services as a service bureau, as an application service provider, to perform consulting or training services for a third party or in any commercial timeshare arrangement.  Client shall not use the Services in contravention to any applicable laws or government regulations.  Client shall not decompile, disassemble or otherwise reverse engineer the Services or the InvesTechs Technology.  Client shall not remove any proprietary label or notice contained within the Services and shall not remove, alter or modify any InvesTechs logo found on the Services’ user interface(s).  Client shall take all measures necessary to ensure compliance by all Users with all terms and conditions of this Agreement.

  1. Effect of Termination.  Upon any termination or expiration of this Agreement: (i) all applicable licenses and rights granted hereunder shall terminate and InvesTechs shall no longer provide such Services to Client; (ii) Client shall cease using the Services; and (iii) each party will promptly return to the other party or, at the other party’s request, destroy, any Confidential Information of such other party, in all forms and types of media, and provide such other party with an officer’s written certification, certifying such party’s compliance with the foregoing.    Except as expressly provided herein, termination of this Agreement by either party will be a nonexclusive remedy for breach and will be without prejudice to any other right or remedy of such party. All provisions of this Agreement which by their nature are intended to survive the termination of this Agreement shall survive such termination.

  1. Use of Name.  Client agrees that InvesTechs may (i) use Client’s name in InvesTechs Client list, (ii) issue a press release generally describing the party’s relationship under this Agreement, (iii) obtain Client’s participation in a case study, and (iv) in a reasonable number of instances, identify Client as a reference Client.

  1. Display of Work. Although Client may retain intellectual property of certain components of the Services of this Agreement, the Company reserves the right to display anonymized conversion metrics of the Client in the InvesTechs marketing marketing materials, portfolio, and other methods of display and promotion.

  1. Indemnification. Each Party to this Agreement agrees, to the fullest extent permitted by law, to indemnify and hold harmless the other Party, its officers, directors, agents, employees and/or subcontractors against all damages, liabilities or costs including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the performance of the Services under this Agreement.

  1. Waiver. In consideration of any risks deemed as a result of this Agreement, both Parties to this Agreement agree to make no claim and hereby waives, to the fullest extent permitted by law, any claim or cause of action of any nature against either the other Party, its officers, directors, agents, employees and/or subcontractors, arising out of or connected with the performance of the Services under this Agreement.

  1. Sections and Other Headings. The sections and headings contained in this Agreement are for reference purposes only and do not affect the interpretation or meaning of this Agreement.

  1. Applicable Law. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of New York, without regard to conflicts of law principles.

  1. Limitation of Liability. Company shall not be held responsible for delays or nonperformance caused by activities or factors beyond its reasonable control, including delays and nonperformance caused by viruses, denial of service attacks, other acts or omissions by third parties, Internet service providers, the Client or its contractors, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism, failure by the Client to timely furnish information or approve or disapprove work, or faulty performance by the Client or others, including third-party contractors hired by Company or by Client.InvesTechs shall not be liable for any indirect, third-party, incidental, special, consequential, exemplary or punitive damages arising out of this Agreement. Company’s maximum liability under this Agreement shall not exceed the total fees received by it hereunder.

  1. Further Assurances. Each party hereto agrees to perform all further acts and execute, acknowledge, and deliver any documents which may be reasonably necessary, appropriate, or desirable to carry out the provisions and intent of this Agreement.

  1. Severability. Invalidation of any provision of this Agreement shall not affect the validity of any other provision and this Agreement shall remain in full force and effect.

  1. Counterparts. This Agreement is made to be in conjunction with the InvesTechs General Terms of Service, and any other service-level Terms of Service, executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

  1. Binding Nature. The Client understands that THIS AGREEMENT IS NON-BINDING ON ITS OWN. THIS AGREEMENT BECOMES BINDING AT THE POINT IN WHICH THE CLIENT (i) COMPLETES THE SIGNATURE FORM BELOW, INCORPORATED BY THIS REFERENCE, (ii) AGREES TO THE INVESTECHS SERVICE-LEVEL TERMS, AND (iii) MAKES PAYMENT FOR THE SERVICES.


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DISCLAIMER: This Website is maintained and operated by InvesTechs. The Website occasionally uses terminology that may be interpreted to suggest that our firm’s services are provided by a single entity. However, many of the services mentioned herein are provided by other entities that possess their own separate legal existence not directly affiliated with InvesTechs.

InvesTechs is not a Broker Dealer, is not registered with the Securities and Exchange Commission, ("SEC"), or a member of the Financial Industry Regulatory Authority, (“FINRA”), and will not be acting as such. InvesTechs will not “Sell” or “Offer” any securities nor represent a client in any sale of securities. In addition, InvesTechs will not provide accounting or legal advice or services and will not render legal opinions and clients cannot rely on InvesTechs recommendations as such.

Limitation of Liability. Except as specifically agreed to by InvesTechs in writing, neither InvesTechs nor its officers or employees shall have any liability based upon your use of, or reliance upon, this website or the materials as permitted by applicable law.