Terms and Conditions Search Engine Optimization, Video Marketing, Social Media Management Services & Email Marketing Subscriptions
- Term and Termination. The term of this agreement begins upon execution and shall continue until otherwise terminated by the parties as provided herein. This agreement is also renewable upon the mutual written consent of the parties. In addition to terms on the foregoing page,client may terminate this Agreement upon no less of a ten (10) day prior written notice via email, of their next billing date. This Agreement also terminates in the the event that: (i) Either party breaches the provisions of this Agreement; (ii) Client fails to remit payment when due under the compensation clause under this Agreement; (iii) if either party becomes insolvent or bankrupt.
- Modification. This Agreement may not be changed, revised, nor modified without the prior written permission and consent of the Parties.
- Assignment. Neither party may transfer, sign, assign, or sell their rights, title, or interest in this Agreement without obtaining the prior written consent of the other party to this Agreement.
- Warranty. Company warrants to provide professional S.E.O. services and to honor its obligations under this Agreement in a timely and skillful manner, using our professional knowledge and expertise. Client understands and agrees that all sales are final.
- Confidentiality. Both parties, their representatives and agents, agree to keep the terms of this Agreement private and confidential at all times. Further, the parties shall not at any time, either directly or indirectly, divulge, disclose, or communicate any information about the others business affairs or any other proprietary data to a third party unless it is for the sole purpose of fulfilling their legal obligations under this contract. The parties, their owners, employees, and agents warrant to keep any and all such information confidential, and this provision shall survive termination of this Agreement.
- Survival. Specific terms contained within this agreement shall survive termination, including but not limited to: compensation; indemnification; disputes and arbitration; as well as choice of law provisions.
- Non-Circumvent. Client understands and agrees that while under Agreement, they are not to employ, hire, or contract with any other S.E.O. service provider. In addition, client agrees they may not attempt to circumvent this Agreement in any manner whatsoever. Client warrants not to divert the Company’s business, nor solicit the company’s employees, representatives, or agents for S.E.O. services.
- Force Majeure. In case of any unforeseen event that impairs a party’s ability to perform under this Agreement, and if the party that is unable to fulfill it’s obligations provides written notice to the other party, the noticing party’s responsibilities shall be suspended as needed. This may include and is not limited to: Acts of God; fire; explosion; vandalism; emergencies; weather; insurrection; war; strikes; work stoppages; or any other unforeseen and uncontrollable event. The excused party shall make all reasonable efforts to perform its legal duties and responsibilities under agreement as soon as may be practicable.
- Refunds. Refunds are considered on a case-by-case basis upon the sole discretion of the company New Standard Solutions.
- Severability. If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby.
- Indemnification. Client agrees to indemnify and hold the Company harmless from any and all claims, losses, expenses, fees (including but not limited to attorney’s fees) costs, and judgments that may arise under this Agreement, and asserted by third parties, as a result of the acts or omissions of either party’s employees, agents, or representatives.
- Notices. All notices, claims, demands and other communications between the parties shall be in writing and served: (i) by delivery in person; (ii) by a nationally recognized next day courier service; (iii) by first class, registered or certified mail, postage prepaid; (iv) by facsimile; or (v) by electronic mail to the address of the party specified in this Agreement or such other address as either party may specify in writing. All notices shall be effective upon (i) receipt by the party to which notice is given, or (ii) on the fifth (5th)business day following mailing, whichever occurs first.
- Entire Agreement. This Agreement contains the entire understanding between the parties regarding the subject matter stated herein and supersedes any and all prior communications, either written or oral.
- Choice of Law. This Agreement shall be governed by the laws of California, U.S.A., without reference to any principles of conflicts of laws or choice of law provisions, and without regard to C.I.S.G. (United National Convention on Contracts for the International Sale of Goods).
- Specific to Email Marketing. Client agrees they are CAN-SPAM compliant. Client agrees all emails will be sent with the following guidelines.
- Header information is not misleading
- Commercial email must be identified as an advertisement or solicitation (unless affirmative consent to send the message has been obtained)
- Include a valid physical address
- Provide clear and conspicuous notice to recipients of their right to opt-out of future emailings.
- Must provide recipients with a valid return email address or other mechanism that remains operative for at least 30 days after the message is sent to allow opt out.
- Senders must honor opt-outs within 10 business days of receiving them
See e.g., 15 USCA Section 7702(8), (14); 16 C.FR Section 316.2(p).
- You and New Standard Solutions agree that you will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about New Standard Solutions or its owners, managers, employees or agents. A disparaging statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates. If you breach this non-disparagement provision, you shall pay to New Standard Solutions $2,000 in liquidated damages. The parties intend that this liquidated damages provision constitutes compensation, not a penalty. The parties acknowledge and agree that the harm caused to New Standard Solutions by a breach of the non-disparagement provision would be impossible or very difficult to accurately estimate and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from a breach of the non-disparagement provision.
Terms and Conditions Websites, Maintenance agreements and video production products
- Term and Termination. The term of this agreement begins upon execution and shall terminate upon completion of the website design project, or as otherwise terminated by the parties. Some terms will survive this agreement (see clause #6). This agreement is also renewable upon the mutual written consent of the parties. In addition to terms on the foregoing page, the parties may terminate in the event: (i) the parties agree that the company is unable to fulfill the order; or (ii) the client does not respond to company calls, communications or emails or a period of thirty (30) days or more. In addition, client automatically forfeits any monies paid towards the project.
- Client warrants that they are financially responsible for any outstanding account balance. This Agreement also terminates if: (i) Either party breaches the provisions of this Agreement; (ii) Client fails to remit payment when due under the compensation clause under this Agreement; (iii) if either party becomes insolvent or bankrupt.
- Modification. This Agreement may not be changed, revised, nor modified without the prior written permission and consent of the Parties.
- Assignment. Neither party may transfer, sign, assign, or sell their rights, title, or interest in this Agreement without obtaining the prior written consent of the other party to this Agreement.
- Warranty. Company warrants to provide professional Website Design services and to honor its obligations under this Agreement in a timely and skillful manner, using our professional knowledge and expertise. Client understands and agrees that all sales are final.
- Confidentiality. Both parties, their representatives and agents, agree to keep the terms of this Agreement private and confidential at all times. Further, the parties shall not at any time, either directly or indirectly, divulge, disclose, or communicate any information about the others business affairs or any other proprietary data to a third party unless it is for the sole purpose of fulfilling their legal obligations under this contract. The parties, their owners, employees, and agents warrant to keep any and all such information confidential, and this provision shall survive termination of this Agreement.
- Survival. Specific terms contained within this agreement shall survive termination, including but not limited to: compensation; indemnification; disputes and arbitration; as well as choice of law provisions.
- Non-Circumvent. Client understands and agrees that while under Agreement, they are not to employ, hire, or contract with any other Website Design or S.E.O. service provider. In addition, client agrees they may not attempt to circumvent this Agreement in any manner whatsoever. Client warrants not to divert the Company’s business, nor solicit the company’s employees, representatives, or agents for Website Design S.E.O. services in order to circumvent this Agreement.
- Force Majeure. In case of any unforeseen event that impairs a party’s obligation or ability to perform under this Agreement, and if the party that is unable to fulfill it’s obligations provides written notice to the other party, the noticing party’s responsibilities shall be suspended to the extent necessary, as caused by the event. This may include and is not limited to: Acts of God; fire; explosion; vandalism; emergencies; weather; insurrection; war; strikes; work stoppages; or any other unforeseen and uncontrollable event. The excused party shall make all reasonable efforts to perform its legal duties and responsibilities under agreement as soon as may be practicable.
- Refunds. Refunds are considered on a case-by-case basis upon the sole discretion of the company.
In the event the client fails to respond to company calls or emails for a period of thirty (30) days, it will be presumed the client has abandoned the project and shall forfeit any payments already remitted, and shall be considered in breach of this Agreement. - Intellectual Property. You irrevocably grant us, our employees, and agents a world-wide, royalty-free, and non-exclusive license to: reproduce; modify; use; adapt; and publish any photographs, pictures, illustrations, transcripts, media, or images (i.e. “content”) in any and all forms that you provide to us for the purpose of designing your website, or for any other lawful use. You warrant that the content provided to us is not the property of, nor impinge upon any third party rights or copyrights.
Neither we nor our employees or affiliates, claim any ownership rights to the content of your websites; artwork; or content. We acknowledge that this is your intellectual property and content. This license runs concurrent with this Agreement for it’s term and shall continue as long as you remain our customer. Said license shall be terminated only upon receipt of your written legal notice.
- Severability. If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby.
- Indemnification. Client agrees to indemnify and hold the Company harmless from any and all claims, losses, expenses, fees (including but not limited to attorney’s fees) costs, and judgments that may arise under this Agreement, and asserted by third parties, as a result of the acts or omissions of either party’s employees, agents, or representatives.
- Notices. All notices, claims, demands and other communications between the parties shall be in writing and served: (i) by delivery in person; (ii) by a nationally recognized next day courier service; (iii) by first class, registered or certified mail, postage prepaid; (iv) by facsimile; or (v) by electronic mail to the address of the party specified in this Agreement or such other address as either party may specify in writing. All notices shall be effective upon (i) receipt by the party to which notice is given, or (ii) on the fifth (5th) business day following mailing, whichever occurs first.
- Entire Agreement. This Agreement contains the entire understanding between the parties regarding the subject matter stated herein and supersedes any and all prior communications, either written or oral.
- Choice of Law. This Agreement shall be governed by the laws of California, U.S.A., without reference to any principles of conflicts of laws or choice of law provisions, and without regard to C.I.S.G. (United National Convention on Contracts for the International Sale of Goods).