The statement of work defines phases, activities, and final deliverables.

Projects may cover a range of Marketing and Business Development activities.

Long engagements (more than a few months) are usually best handled as a series of projects, each with its own SOW and fee structure.

Depending on what you need, project work is done on site or at our offices. Usually, we can schedule local meetings within 24 hours and remote appointments (within the US) within 72 hours.

Depending on workload, the level of effort can be 8 hours a week or 80 --
We charge you only if we actually work on your project.

Deliverables may be documents, plans or, campaigns.

When it's business development or sales work, the only deliverable that matters is a signed deal or partnership.

Schedules and milestones are usually in "days since the start of work" -- but we also quote fixed dates whenever appropriate.

We work closely with you.

We need your staff's buy-in because we'll need to leverage their knowledge and immediate experience.

Knowledge transfer -- to make your staff more capable after the project is completed -- is part of the way we work.

Headhunter fees and executive starting bonus:  easily $50 K... plus at least 60 days.

Salary and Bonus package: at least $200K / year

Benefits and overheads: at least $50K / year

Stock options: at least 50K ISOs per year (depending on your equity structure)

Divide your specific annual numbers by 250 to get a comparative daily rate for an executive, then ask yourself how much immediate availability and flexibility for talent on demand (only when you need it) worth to you and your business?

Confidentiality and Non-Disclosure: All information divulged by Client to David Taber +Associates will be handled separately from all other clients’ information. All information marked as confidential, and all Client project activities, shall be considered as confidential to Client and shall not be disclosed in accordance with our non-disclosure agreement No confidential information from any previous employer or from other David Taber +Associates clients will be used in this project, except as such information has been publicly disclosed.

Intellectual property and Trademarks: David Taber +Associates acknowledges the patents, trade secrets, copyrighted material, and trademarks owned by its clients, and will treat them as proprietary to Client. Unless otherwise agreed at the start of the project, David Taber +Associates is allowed to use Client name and trademark in its promotional materials solely for the purpose of a customer reference. Each party acknowledges that it shall not acquire any Intellectual Property Rights under this Agreement in the products or associated materials of the other, and all rights therein are strictly reserved. Any goodwill arising in the course of this Agreement in respect of the products of either party shall accrue solely for the benefit of that party.

Exclusivity: During the period of this project, David Taber +Associates will have no other active clients that are deemed competitive with Client. Any new client prospects will be cleared prior to  extending new proposals.

Conflicts of Interest: David Taber +Associates will not engage in activities which represent a conflict of interest regarding any of its current client projects. Client must provide guidance regarding any areas requiring special treatment.

Independent Contractor: David Taber +Associates’s relationship with Client is that of an independent contractor, and nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.

Acceptance of Deliverables: Client shall have a 15 day review period for all deliverables described in Attachment A. If Client has not provided commentary or made specific requests for changes, deliverables shall be deemed as accepted 15 days after their delivery.

Ownership of Work: David Taber +Associates owns the intellectual property of the consulting project unless specifically arranged otherwise in writing.

Infringement on Others’ Trademarks: Any designs, names, or trademarks created by David Taber +Associates are designed to avoid infringement on the rights of others. However, due to the complexity of such rights, David Taber +Associates cannot guarantee that Client will be protected from trademark claims of others. It is the client’s responsibility to check availability, ownership or registration of any trademark, design, or name prior to using it.

Fees and Expenses:
Due and payable on invoice; net 15 days, 2% every 30 days thereafter.

Guarantees and Warrants: David Taber +Associates will be doing custom research and business development activities for Client, and will be providing information that it believes to be accurate and correct in support of Client decisions and actions. However, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed.

Indemnification: Client shall indemnify and hold harmless David Taber +Associates against any claims or actions brought by third parties and from any and all damages, losses, expenses, including reasonable attorney's fees and costs of litigation, arising out of or resulting from acts, errors or omissions by David Taber +Associates to the extent that such actions are arising out of this Agreement.

Limitation of Liability: Each party's aggregate liability to the other for claims relating to this Agreement, whether for breach or in tort, shall be limited to the fees of the consulting project(s) described in Attachment A. Neither party will be liable for any indirect, punitive, special, incidental, or consequential damage in connection with or arising out of this agreement (including loss of business, revenue, profits, or other) however it arises, whether for breach or in tort, even if that party has been previously advised of the possibility of such damage.

Term and Termination: Our Agreement will come into force on the Effective Date and will remain in effect for the period of our consulting project(s). Client may terminate this agreement at any time in writing and shall be liable only for payment for services already rendered. David Taber +Associates may terminate this agreement on 30 days notice to Client. There shall no liability for termination, for damages of any kind including incidental or consequential damages, damages for loss of prospective or continuing business. Both parties have continuing obligations under the Non-Disclosure Agreement.

Dispute Resolution and Governing Law: Our Agreement will be governed in all respects by the laws of the United States of America and the State of California as such laws are applied to agreements entered into and performed entirely within California. Any dispute or disagreement arising between the Parties in connection with the interpretation or compliance of any provision of this Agreement shall be resolved via arbitration under the jurisdiction of the American Arbitration Association’s Northern California district.

Attorneys' Fees: If any proceeding or lawsuit is brought by David Taber +Associates or Client in connection with this Agreement, the prevailing party in such proceeding shall be entitled to receive its costs, expert witness fees, and reasonable attorneys fees, including costs and fees on appeal.

Entire Agreement: This Agreement is the parties' entire agreement relating to its subject matter, superseding and prevailing over all oral or written communications prior to or during the term of this Agreement. No modification to this Agreement will be binding unless in writing and signed by an authorized representative of each party.

Consulting fees are calculated on the basis of "full time equivalent" work days (actual full day's effort expended, irrespective of number of calendar days involved; this is analogous to "CPU time"). Fees are a mixture of per-day compensation and bonus on completion of objectives. Fees are usually a combination of cash and stock options, depending on your company's financial situation and preferences.

For each FTE day, you will credit David Taber +Associates with agreed upon cash and/or options.

From an accounting perspective, this is consultant / vendor work. You won't need to worry about payroll, taxes, benefits, etc. David Taber +Associates will submit expenses directly incurred (such as travel or phone, without markup) for reimbursement by you.