REFUND POLICY AND CANCELLATION
Your agreement stipulates that your “Initial Amount Due” is non-refundable. We allocated our human resources to properly handle all clients. Once we accept you into the system, the allocation of work to be performed according to the agreement signed, this prohibits us from accepting other potential clients to fill that allocation given to you. The Initial Payment at the point of cancellation, after the three (3) business days is met, offsets losses caused by your cancellation that we would normally not incur.
CLIENTS RESPONSIBILITY TO RESPOND
As the Client you have a responsibility to respond to reasonable requests from Local and Social Marketing so that the project does not go past the delivery date. Not responding extends the delivery date for the Client. Responsiveness to requests made by Local and Social Marketing deemed required or necessary to complete this “Agreement for Services”, therefore the products or services may be extended based on the Clients response time and unforeseen events not in the control ofLocal and Social Marketing. Our 30-Business Day delivery date is subject to you as the Clients being responsive and responding to reasonable requests made by Local and Social Marketing that are deemed as required or necessary to complete the client’s products and services. Local and Social Marketing gives the client fourteen days to respond before the client’s account could be placed in “Suspension.” Suspension of the client’s account would temporarily pause all current work until the client responds to Local and Social Marketing. Therefore the 14 days may be extended based on the Clients response time and unforeseen events not in the control of Local and Social Marketing.”
If you wish to terminate this Agreement, you must notify Local and Social Marketing in writing and/or by e-mail. Upon termination, all provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Local and Social Marketing may terminate this Agreement with notice and may terminate any Service at any time for any reason, including but not limited to: (i) Client’s breach or anticipated breach of this Agreement; (ii) Client’s use or suspected use of any of the Services in any manner inconsistent with this Agreement or Local and Social Marketing’s policies; (iii) Client’s providing false, inaccurate, outdated, or unverifiable identification information, credit information, or other data or information in connection with the purchase or use of the Services; (iv) Client’s interference or failure to cooperate with Local and Social Marketing, operations or provision of Services.
FINANCED BALANCES, LATE PAYMENT AND NON-PAYMENT, COLLECTION
Client’s failure to make any payment as it becomes due constitutes a material breach of this Agreement. This breach permits Local and Social Marketing, at its sole discretion, to terminate providing Services and/or charge and collect late payment and collection charges, including collection agency fees, up to the highest rate and amount permissible by law, except as provided in the Termination section below. Client agrees to remain liable for all amounts owed, including but not limited to fees, charges, taxes, late fees, and collection costs, notwithstanding termination of Services.
DISCLAIMER OF WARRANTIES
Client acknowledges and agrees that the Services are provided on an “as is” and “as available” basis without any representation or warranty, expressed or implied. Local and Social Marketing does not warrant that the Services will meet the Client’s requirements or that the Services will be uninterrupted or error-free. Local and Social Marketing does not represent or guarantee any increased sales, revenues, profits, or success due to the Services provided to Client. Local and Social Marketing also does not guarantee any particular search engine ranking, traffic, and/or placement in any search engines.
LIMITATION OF LIABILITY
In no event will Local and Social Marketing, its suppliers, licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract. Local and Social Marketing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Client expressly releases Local and Social Marketing from any liability for any content, act or omission of any third party. The Services provided by Local and Social Marketing to Client may include materials from third parties or links to third party websites. The inclusion of these materials and links: (i) are not an endorsement by Local and Social Marketing of these third parties, their products or websites; (ii) are not an acknowledgement of any relationship with such third parties; or (iii) a warranty or representation of any kind regarding such third parties, their products, or their websites.
PROHIBITED PRACTICES & NON-DISPARAGEMENT
Client shall not use the Services or refer, or encourage others to refer, to Local and Social Marketing, its customers, owners, officers, directors, personnel, agents, representatives or affiliates on any manner that is illegal, fraudulent, threatening, abusive, defamatory, obscene, or that could cause damage or adversely affect its customers, reputation, business, property, services or products in any manner.
LAWS AFFECTING ELECTRONIC COMMERCE
From time to time governments enact laws and levy taxes and tariffs affecting internet electronic commerce. Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Local and Social Marketing and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of internet electronic commerce.
In the event a dispute should arise between the parties to this Agreement, it is hereby agreed that the sole means of resolving the dispute shall be through binding arbitration at Judicial Dispute Resolution (JDR) in Dover,DE or at an alternate service agreed to by the parties for arbitration in accordance with the American Arbitration Association’s “Commercial Arbitration Rules”. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Commercial Arbitration Rules.
Regardless of the place of signing of this Agreement the parties agree that for purposes of venue, this agreement was entered into in Kent County, Delaware, and any dispute will be litigated or arbitrated in Kent County, Delaware, applying the laws of the State of Delaware.
WAIVER OF CLASS ACTION RIGHT
THE PARTIES AGREE TO WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE, REPRESENTATIVE OR CONSOLIDATED BASIS, TO THE EXTENT ALLOWED BY LAW. THIS SECTION APPLIES TO ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING BETWEEN THE PARTIES. THE CLIENT AGREES TO CONTACT LOCAL AND SOCIAL MARKETING WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE REGARDING ANY CLAIM OR DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES. IF THE CLIENT DOES NOT NOTIFY LOCAL AND SOCIAL MARKETING SUCH CLAIM OR DISPUTE WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE, THEN THE CLIENT AGREES TO WAIVE THE RIGHT TO PURSUE SUCH CLAIMS AND/OR DISPUTES.
If any provision of this AGREEMENT should be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this AGREEMENT and shall not affect the validity and enforceability of any remaining provisions.
CONDITIONS BEYOND CONTROL OF THE PARTIES
The Work Order, Invoice, Quote, Terms & Conditions and Refund Policy constitute the sole agreement between Client and Local and Social Marketing regarding the subject of this Agreement.