Agreement & Authorization to Commence Work
Client wishes to engage BrightHaus, LLC to commence an online marketing campaign. The following terms shall govern certain activities conducted by BrightHaus, LLC that will begin on or after this date.
1. Payment Terms
BrightHaus Starter Plan $199 per month
3 page web design
3 keywords – Local SEO
Full integration with housecall
Email marketing and postcard marketing
Design services included
Activate online booking across Housecall directories (including adding online button)
CC processing set up within Housecall
Client agrees to pay BrightHaus, LLC for all services rendered by BrightHaus, LLC in accordance with this agreement. Services will commence upon receipt of payment.
2. Agreement & Termination
This Agreement is for a period of 6 months, beginning at the start date. The monthly payment option may be canceled at any time with a 30 day written notice after the initial 5th month and the understanding that all past payments are up to date and paid in full. All payments are final; no refunds are given.
FTP Access is recommended but not required. With the exception of database driven websites, it is suggested that the Client allows BrightHaus, LLC direct access to its website (via FTP). However, if the Client prefers, all updated web files may be delivered via email directly to the Client’s IT webmaster. Client agrees to be responsible for all fees incurred by their webmaster to complete the uploading process. You hereby grant us full authorization to access all information you provide to us through logins.
4. Turnaround times
If you require any edits or changes to your website, firstname.lastname@example.org is your dedicated email. We aim to complete all edits within 1 week or sooner, depending on the request. In some instances this may be longer.
BrightHaus, LLC does not make any representation or warranty of any kind, whether express or implied, including without limitation any warranty of merchantability. Because BrightHaus, LLC has no control over the individual search engines, social media or journalists, BrightHaus, LLC is unable to guarantee a specific increase in rankings, traffic or sales or media coverage. The strategy for each month in your campaign may change subject to our discretion and planning. Your fee with BrightHaus is based on a rate of $125 per hour. Therefore the monthly deliverables as noted on page 2 are an example of capabilities, and we will decide at our discretion what capability is used each month in the hours we have available for your account. I.e. Depending on hours available, we may not use all capabilities in one given month. Website is leased. If agreement is canceled, the website will cease to exist on the internet. No information will be transferred and BrightHaus is not liable for any lost materials. Client is responsible for own Gmail set up and any other email set up. The uptime of your website is guaranteed at approximately 99% of the time. In rare situations, you may experience an interruption with your website, such as global malware interruptions, natural disasters and so on. BrightHaus is not responsible for any information lost during any downtime, although we do take weekly back ups of your site to prevent any major information being lost. You agree that you are the owner and or have permission to use any images or content provided for the website. You are responsible for any legal costs that arise from us using images that you have provided and do not have the rights to use.
6. General Release of Liability
In no event shall BrightHaus, LLC be liable for any special, exemplary, indirect, incidental, consequential or punitive damages of any kind or nature (including, without limitation, lost business or lost profits other than fees payable to BrightHaus LLC, or lost records or data, whether or not the possibility of such damages was disclosed or is reasonably foreseeable by such party, and whether in an action based on contract, warranty, tort or otherwise. Client agrees that for and in return for sufficient, good and valuable consideration for Website development services provided herein, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge BrightHaus LLC, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all actions, causes of action, lawsuits, claims and demands which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following: Website development services, programming services, technical writing services and any consulting that is related in any way to the business activities of Client. It is understood and agreed that this release of liability is made in full and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands; that this release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this release shall be binding upon the undersigned and his/her respective heirs, executors, administrators, personal representatives, successors and assigns. It is the Client’s responsibility to verify that all graphics, trademarks and/or text that BrightHaus, LLC inserts within the Client’s website, press releases, text links, directory listings, etc is legally owned by the Client, or that the Client has received permission from the rightful owner(s) to use. Client will hold harmless, protect, and defend BrightHaus, LLC and its employees from any liability or suit arising from improper use of such elements.
7. Choice of Law
Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of California. Client is responsible to pay legal expenses for dispute resolution. Client and BrightHaus, LLC agree to submit to the exclusive jurisdiction of and consent to exclusive venue in the General District of San Diego, CA.
During the performance of services, it may be necessary for either party to disclose or make available to the other certain confidential information or materials which are not generally known in the relevant trade or industry. Each party agrees that it will maintain the confidentiality of all Confidential Information of the other party, and shall not use or disclose the Confidential Information of the other for any purpose, except for the services to be performed hereunder. However, neither party shall be required to keep confidential any data or information which is or becomes publicly available without fault on the part of the receiving party, is already in the receiving party’s possession prior to receipt from the other party, is independently developed by the receiving party outside the scope of this letter and without reference to the Confidential Information of the other party, or is rightfully obtained from third parties. We may need to communicate non confidential client information in the interest of PR and Blogger outreach to assist in obtaining coverage/features for Client – Client hereby gives Company authorization to speak to such outlets on behalf of client.
APPROVED AND AGREED:
Client Authorized Signature(s)