Terms of Service
This advertising agreement (“Agreement”), has been created between you (hereinafter referred to as “Company“) and Cool Web Tech, LLC, a digital marketing agency (hereinafter referred to as “Agency“), collectively referred to herein as the “parties” or individually as a “party.”
WHEREAS, the Company desires to contract for the services of the Agency to perform certain tasks as set forth below; and
WHEREAS, Agency desires to enter into this Agreement and perform as an Agency for the Company and is willing to do so on the terms and conditions set forth below.
NOW, THEREFORE, the Parties agree as follows:
1. COMPENSATION: Setup fee for Agency shall be paid upon the execution of this Agreement. Agency shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as listed in this Agreement on the first day of each monthly cycle as of start date.
2. EFFECTIVE DATE: This Agreement shall be effective commencing as of the day the first lead is received, and shall continue until terminated at the completion of the Scope of Work, or by either party as otherwise provided herein.
3. ACCOUNTABILITY: Agency shall not be responsible or liable for any damages to the Company by reason or failure to publish any advertisement provided for herein because of any labor dispute, strike, war, riot, insurrection, civil commotion, fire, flood, accident, natural disaster, or cause beyond the control of the Agency. Company assumes full and complete responsibility and liability for the content of all advertising copy submitted and published pursuant to this Agreement, and shall indemnify and hold the Agency harmless against any demands, claims, or liability arising there from.
4. SCOPE OF WORK: Agency agrees to devote as much time, attention, and energy as necessary to deliver Behavioral Targeted Leads through relentless:
· Graphic design
· Landing pages
· Hosting/Domain names
· Ad set-up, running ads.
· Building/optimizing funnels
· Lead management/Follow-up systems
· True multi-Platform Campaigns
· Weekly Behavioral Targeted Data updates.
hereto, which services are defined by this Agreement as the Scope of Work.
5. TERMINATION: At 90-Days this Agreement may be terminated by either party at any time with 14-day notice. Following this 90-day period, this agreement is active month to month and can be cancelled at any time with 14-day notice. If terminated, Agreement will cease at the end of current billing cycle.
6. ATTORNEY FEES AND COSTS: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and necessary disbursements incurred both before and/or after judgment in addition to any other relief to which such party may be entitled.
7. ENTIRE AGREEMENT: This writing contains the entire agreement of the parties. No representations other than those expressly set forth in this Agreement were made or relied upon by either party. No agent, employee or other representative of either party is empowered to alter any of the terms of the Agreement, unless done in writing and signed by a representative of the Agency and Company.
8. NON PAYMENT: Payments are due within 7 days of invoice and any payment later than that shall be subject to 5% interest accrued daily. Agency will waive the company late fee if failure to pay is due to emergency or fraudulent card issues. If payment is not received within 15 days of invoice the Agency shall attempt to contact the client three times before terminating the services and either sending the debt to an independent debt collection agency which will incur a service fee as well as interest and may affect the client’s credit rating or pursuing full legal action against the client to recover the debt, interest and all legal fees.
9. NON-DISCLOSURE. We understand that Company is in a regulated industry and understands that lead content including but not limited to; names, addresses, contact information – must remain confidential. We may not utilize any Company Owned Products for the benefit of anyone or anything other than Company without the express written permission of an officer of Company.