| Service Agreement |
You are entering to this Agreement as of 9/5/2010
with BringIt2Me.com. In this Agreement, when referring to both you and BringIt2Me.com as a collective, the term, 'The Parties', may be used.
The Parties agree as follows:
- Services Provided
In exchange for payment of the fees as required by this agreement, BringIt2Me.com will provide you with the following services (Services) regarding our website (Website):
- We will post a graphical advertisement for your business on our Website. Users of our Website can then find your advertisement and contact you, if they wish, regarding your business.
- We will provide you the ability to send us your advertisement in a graphical format, such as a JPEG or GIF. BringIt2Me.com reserves the right to review all advertisements before posting them to our Website to make sure that they conform to our guidelines of proper sizing, content, and format. BringIt2Me.com also reserves the right to prohibit the posting of your advertisement, if in our sole discretion; we find that it does not conform to our guidelines of proper sizing, content, and format. If we find an advertisement is non-conforming in some way, we will contact you to so you can make any necessary changes. Once we approve an advertisement, we will notify you and will post the advertisement on our Website within 2 business days of such approval.
- If you do not have a graphical advertisement or wish to create a new one, we also offer the services of a graphic artist to design an advertisement for you. Any graphical advertisement that we create for you will be electronically provided to you for your review and approval upon receipt of any pre-payments we may require for such services. We will work with the graphic artist to make sure that any such advertisements meet our necessary guidelines. Upon your approval, we will post the advertisement on our Website.
- Your Responsibilities
You understand and agree to the following duties with regard to this Agreement:
- You shall wholly abide to the terms of our User Agreement and Privacy Policy as found on our Website.
- You agree to accept any and all correspondence, written and/or electronic, from BringIt2Me.com, during the course of this Agreement.
- You understand and agree that any violation of these duties or the provisions of this Agreement is grounds for the termination of this Agreement at the discretion of BringIt2Me.com and may subject you to civil and/or criminal liability.
- Length of Agreement
The Parties agree that this Agreement will remain in effect until this Agreement is terminated by either you or BringIt2Me.com.
- Fees for Services Provided
You understand and agree to the following with regard to fees for Services as follows:
- Fees will be assessed and charged as the account is diminished (as in the case of the Basic Ad); or every 2 months (as in the case of a Featured Ad or in the purchase of marketing information)on a major credit card, unless otherwise agreed upon in advance. Webpage creation and hosting are either a 1 time fee, or annual fee otherwise contracted.
- Any and all fees paid by you under this Agreement are non-refundable, unless otherwise agreed in advanced and in writing by BringIt2Me.com
- If you elect to pay by credit card, you understand and agree that you must execute the Credit Card Payment Authorization form attached to this Agreement and that you are authorizing us to charge your credit card on file to replenish your account for the Basic Ad as needed, not to exceed $200 annually; and any other recurring charges for Featured Ads or marketing information for the invoiced amount due every 2 months as selected by the client.. Also, you understand and agree that if any payment of fees is declined, we will notify you and you will have five (5) business days to make payment by some other means. If such payment is not made, you understand and agree that BringIt2Me.com reserves the right to remove your advertisement from our Website or terminate this Agreement altogether, at our sole discretion.
- No Warranty or Guarantee
You understand and agree that BringIt2Me.com makes no warranty or guarantee of any kind with regard to your use of our Services and/or Website, including, but not limited to, its function, availability, or impact on you and your business.
- Limitation of Liability/Disclaimer of Damages
FOR ALL EVENTS AND CIRCUMSTANCES, BRINGIT2ME.COM AND ITS AFFILIATES' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT TO EXCEED THE AMOUNT THAT YOU PAID TO BRINGIT2ME.COM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL BRINGIT2ME.COM OR ITS AFFILIATES BE LIABLE TO YOU FOR: ANY CLAIM BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF BRINGIT2ME.COM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification
You represent and warrant to BringIt2Me.com that you have the authority to enter into this Agreement. Provided that BringIt2Me.com is in compliance with this Agreement and is not negligent in the performance of its Service, you agree to indemnify BringIt2Me.com and to defend BringIt2Me.com against any and all third party claims, suits, demands, causes of action, liabilities and expenses (including, but not limited to, attorneys' fees and costs of defense), that may arise as a result of or in connection with your breach of this Agreement.
- Termination
You may opt to terminate this Agreement with thirty (30) days prior written notice to BringIt2Me.com. You understand and agree that BringIt2Me.com may, at its sole discretion, terminate this Agreement immediately without prior notice, but will not typically do so unless you have violated this Agreement. The Parties agree that notice of termination is considered effective on the date that the party receives the written notice and that verbal notice is not sufficient to terminate this Agreement.
- Arbitration
In the event that the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement, BringIt2Me.com and You agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Denton, Texas, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of The Parties. If The Parties cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of Denton County in the State of Texas shall apply to the arbitration proceedings. The Parties agree that the arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator's findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The Parties agree that either can solicit temporary or initial abatement from a court of able jurisdiction needed to safeguard the rights or possessions of either while awaiting the conclusion of arbitration.
- No Other Relationship or Legal Interest
The Parties agree that this Agreement does not create any other relationship or legal interest between the Parties, including, but not limited to, any sales contract, license, title, partnership, or other legal right, except as specified by this Agreement.
- Choice of Law
The Parties agree that the laws of Denton County in the state of Texas govern any conflict regarding the Agreement.
- Invalidity of Provision
The Parties agree that even if a court invalidates a provision of this Agreement, the remaining Agreement provisions are still valid and remain in full effect.
- No Other Agreement or Representation
The Parties agree that this Agreement completely expresses their mutual intent and that it supersedes any other agreement or representation, oral or written, between the Parties with regards to the subject matter of this Agreement.
- Modification
The Parties agree that no modification can be made to this Agreement without another mutual, written agreement.
- Effect on Other Parties
The Parties understand and agree that their assigns and successors are bound by this Agreement.
- Notice
The Parties agree that any notices, consents, approvals, demands, requests or other communications required by this Agreement may be delivered by electronic means.
- Headings
The Parties understand and agree that the headings in this Agreement are included only as a matter of convenience and in no way define, limit or extend the scope of this Agreement or any of its provision.
- Costs:
- Basic Ad: Charges for the following types of businesses will be $.50 per hit: food, pharmacy, dry cleaning, pet services, and bouquets (floral and all others). All other businesses will be charged $.80 per hit with a maximum annual charge for any business of $200. The basic ad includes logo, weblink, coupon, and address of users data.
** A hit is constituted by the user clicking on either the ads phone number, coupon, or weblink. An individual user (determined by IP address) can only be charged against the provider (client) 1 time per day, regardless of the number of viewings from that user.
- Featured Ad: Charge is a flat $19.95 monthly and will be billed every 2 months, recurring for the contract year. A direct link to your website, or an ad for your company appears a minimum of 30% and up to 100% of the time ANY user in your indicated service area logs on. It will be placed in a rotation with other Featured Ads be shown accordingly. Featured Ads can only be purchased concurrent with a Basic Ad.
- Additional Marketing Information: Additional charge of $29.95 per 2 month period (includes addresses of all hits in your category or categories).
- Digital Signature
You understand that by entering your name and clicking on the Ok button below, you are digitally signing this Agreement and as such, you are waiving any defenses related to signing this Agreement and you are agreeing to be bound to the terms of this Agreement. You understand and agree that BringIt2Me.com will use the information you provide while placing your order to contact you regarding this Agreement; as such, please make sure this information is accurate.
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