By placing an order or accepting a services proposal, you verify you have the authority to purchase services, direct work in progress, approve work, make decisions and authorize payments on behalf of your veterinary practice or other organization you represent.
If others in the practice or organization need to be involved in reviewing and approving work, you agree to secure their input and approval before placing an order or authorizing a project, before offering feedback on work in progress and before giving final approval to a finished project.
If you lack complete authority to represent your practice or organization, or if your practice or organization is not yet established, you assume full, personal responsibility for any services you order or charges you incur.
Depending on the project, in exchange for the agreed-upon fees, I provide one or more of the services listed below as indicated in the product and service descriptions on this website:
- Marketing communications consulting
- Writing and editing
- Graphic design
- Website set-up, design and content creation
- Website hosting and ongoing software updates
- Search engine optimization
- Reputation management
- Client Education
- Social media consulting
- Client, team and market research
- Staff training
I may provide additional services not listed here as needed to complete your project.
My business is a solo practice. I deliver all consulting and creative services personally.
Should it ever be advisable to subcontract any portion of your work to another provider, I will let you know beforehand and gain your approval before proceeding.
I will maintain strict confidentiality concerning all information you tell me is private or proprietary to your practice.
All fees are quoted and must be paid in US dollars. You may pay by Visa, Mastercard, American Express, Discover, Diners Club, JCB, PayPal or business, personal or bank check*
*If you pay by business or personal check, the check must clear before work begins.
Payments are due in full within 10 days of the invoice date.
You agree to pay finance charges on unpaid balances after 30 days at a periodic rate of 1.5% per month/18% per year.
All online credit and debit card orders are processed on a secure, PCI-compliant server through my Stripe account. Your order information is not collected nor stored on my website server.
I will bill you at cost for additional direct expenses specifically associated with your project or ongoing services, such as production and distribution of mass mailings, commercial printing, shipping, advertising, etc. I will ask for your prior approval before incurring expenses on your behalf and may ask you to pay substantial expenses in advance.
Your Responsibilities & Warranties
You agree to check all drafts and proofs carefully and to secure any additional approvals you need before signing off on them.
You accept full responsibility for the accuracy of work you approve.
Once you have approved a final draft of any work in progress, the order cannot be cancelled, and refunds will no longer be available.
You warrant and represent that you have secured the appropriate permissions and releases for client, patient and staff photographs you provide for use in any of your projects.
You warrant and represent that you have secured the appropriate permissions for any copyrighted materials to which a third party owns the rights and that you will pay any applicable licensing fees before requesting inclusion of such materials in your projects.
You agree to indemnify, defend and hold me and my company harmless (including regarding attorney fees) should any dispute arise involving materials you provide for me to use in your projects.
The Rights You’ve Purchased
While your project is underway, Kerry Nesbit, Incorporated, retains ownership of all work product and drafts submitted prior to final approval and payment.
Once you have approved final drafts of the work done on your behalf and have paid for it in full, you (and any subsequent practice owners) are licensed to use the plans and materials created to identify and promote your practice for as long as the practice remains in business.
Kerry Nesbit, Incorporated, owns all rights in all drafts and design concepts that are not part of the final version of your project.
You may not sell, loan nor give away marketing plans and materials to be modified for use by any practice other than the one for which the plans and materials were originally created.
Kerry Nesbit, Incorporated, owns all rights in original works I create, such as client education resources, to be shared among multiple practices. While I may brand and customize the materials for your practice, your license to use such materials is not exclusive and is strictly limited to the original form, format, platform and distribution channels I set up as part of the service. Although you are free to keep using and updating the resources you purchased for as long as your practice is in business, you may not adapt, reuse or repurpose my work or distribute the content through any medium other than the one you originally purchased. In particular, you are prohibited from publishing such work on your website, social media accounts or any other online forum or channel. You may not sell or share the work for use by any practice other than the one making the original purchase.
Kerry Nesbit, Incorporated, retains the right to display your finished materials as work samples.
Cancellations and Refunds
Our mutual satisfaction is guaranteed.
During the first 30 days of our working together by the month, either of us may cancel our agreement if we feel our progress and working relationship indicate we’re not a good fit. If our monthly agreement is cancelled during the first billing period, you will receive a prompt, full refund of your initial payment by whatever payment method you used when you placed the order.
If either of us cancels our monthly service agreement during the first 30 days, Kerry Nesbit, Incorporated, retains ownership of any work product and drafts associated with the cancelled agreement. You will not be able to use work done during the first 30 days for which you’ve received a refund.
After the first 30 days, you may pause or cancel monthly services by notifying me at least seven days before the start of the next billing period.
Advance payments you’ve made after the first 30 days are not refundable.
After the first 30 days, you are free to continue using any work previously paid-for and completed as part of a paused or cancelled monthly agreement.
Once you place an order for work by-the-project, if either of us becomes dissatisfied with our progress or working relationship while work is underway, either of us may cancel the order so long as you have not yet approved final drafts. In the event of a project cancellation, I will issue a prompt, full refund by whatever payment method you used when you placed the order.
Although my services typically include unlimited revisions, I may at my discretion cancel your order and refund your payment in full if it appears I will be unable to satisfy you and complete your project after a reasonable number of revision rounds.
My company retains ownership of the work product and drafts associated with a cancelled project. You will not be able to use by-the-project work for which you’ve received a refund.
Choice of Law & Forum
This agreement, and all claims arising under and related to this agreement, will be governed by, construed and interpreted in accordance with the laws of North Carolina without reference to principles of conflict of laws.
The determination of any claim, dispute or disagreement that may arise out of the interpretation, performance or breach of this Agreement will be subject to enforcement and interpretation solely in a court of competent jurisdiction sitting in Forsyth County, North Carolina.