Grow Program Custom Agreement
The client (hereinafter "client") located at hereby agrees to a monthly marketing system creation and management service from Launch Tulsa LLC dba Grow Home Care Marketing (hereinafter “Grow Home Care Marketing”). The client will own the new website designed for the monthly marketing system (hereinafter "website") after this contract has been fully executed for the full duration with all payments made.
3rd Party Lead Gen Site(s) / Marketing Systems NOT OWNED by Client:
Some of the services that might be utilized in the monthly marketing system and management services provided by Grow Home Care Marketing are services and products such as: Search Engine Optimization (hereinafter “SEO”), Web Design, Graphics Design, Email Marketing, Autoresponders, Opt-in Plugins, Lead Capture Code or Pages, Landing Pages, Squeeze Pages, PPC, CPM, AdWords, CPA, Pay for Traffic, Search Engine Marketing, Social Media Marketing, Business Consultation, In Bound Marketing, Analytics, Traffic Funnels, and Lead Generation or other marketing channels and all data/services used for 3rd party brands such examples as “Home Care Companies Near Me”, “Home Care Tulsa”, “Home Care Dallas” or sites and business listings such as “dallashomecare.com”, “homecarecompaniesflorida.com” are property fully owned or licensed by Grow Home Care Marketing for the sole purpose of driving additional leads related to specific keyword search terms. These 3rd party brands will have variations but will not take any interest or ownership in the client brand or vice versa.
Client acknowledges that he/she is purchasing monthly marketing management service and has no legal ownership or control of the 3rd party brand services provided, such as Websites, Domain Names, SEO, PPC, Social Media accounts, or other marketing channels created for the 3rd party brand or landing page property for the marketing services. The landing pages are provided as part of the monthly marketing management service, and Grow Home Care Marketing owns its content. Material contained on the landing page and data for the marketing campaign is presumed to be proprietary and copyrighted by Grow Home Care Marketing. Client and visitors have no rights whatsoever in the landing page/marketing system campaign content except for certain benefits expressly agreed upon herein, mainly the client brand and prospective client lead (phone or email), sales, or donations.
Entire Agreement: This contract, when signed by both the client and Grow Home Care Marketing (also known as the “Parties”) shall be executed and deemed original and immediately effective and binding. No other provisions or statements, whether written, electronic, or oral, are considered part of this agreement unless specifically agreed to and signed by the parties and attached to this contract as an amendment.
Timeline: All projects are entered into the schedule after receipt of cleared payment. Start Date refers to the estimated date that we will begin your project. Although every effort is made to meet or exceed estimated completion dates, estimated timelines represent our best estimate only and in no way indicate a guaranteed timeframe for completion. Grow Home Care Marketing shall not be liable for any losses or damages (including consequential or incidental damages) which result from delay or failure to complete projects on or before estimated completion dates. The timeline is subject to change based on projects that may have recently entered the schedule—the client is to provide requested information in a timely manner to maintain project start and completion dates.
Severability: This contract represents the parties' mutual agreement. If any part is held by a court of law of competent jurisdiction to be invalid or unenforceable, the remaining provisions herein shall continue to be fully effective.
Custom Clause: Grow Home Care Marketing does not promise any ranking position in Google. The client requested a custom agreement clause that if their rankings in the Brightlocal Local Search Grid do not go from Red to Orange for more than 50% of the map ranking grid pins, and if they are Orange, then from Orange to Green, for more than 50% of the map ranking grid pins then the client has the option to end this agreement without any additional penalty or cost and will retain ownership of the website.
Successors/Heirs/Assigns: This contract shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estate, heirs, legatees, agents, and related entities of each of the parties.Terms/Late Fees: The client has 15 days to pay all due invoices before becoming past due. Once an invoice is past due, a late fee of 10% is assessed to the monthly invoice. The client has a grace period of 5 days (for a total of 20 days beyond the due date) before all the leasing options of the marketing system are revoked. Fixed project fees cover services clearly identified in the scope of work. If services are requested through a change order by the client for items not clearly identified as included in fixed-fee work, hourly costs will be incurred according to pay-by-the-hour or hourly retainer plan rates, ranging from $125 per hour. Optional hourly services may be identified on the scope of work and may be selected.
Payment: The client is responsible for payment of all services provided by Grow Home Care Marketing. All clients will be required to submit a major credit card to have on file with Grow Home Care Marketing at the time of signing any agreement. Credit card information must be filled out completely. You grant Grow Home Care Marketing permission to charge your credit card for any and all services you request and any renewals thereof. You agree to allow Grow Home Care Marketing to place your account on a recurring payment plan for the monthly service contract. Your account will automatically be billed according to the terms of the plan you select. Grow Home Care Marketing will not activate nor reactivate accounts until payment has been processed. All fees are non-refundable and are due on or before the payment due date. Grow Home Care Marketing requires pre-authorization for the expected price of services. If Grow Home Care Marketing chooses to extend credit for services, payment terms are set as a NET from your receipt of the invoice, and interest will be applied to any past-due amounts.
Lack of Payment: In the event that the client does not pay the invoice for the project, all benefits incurred by the client from Grow Home Care Marketing may be revoked. All work completed at the current stage of the project of past due invoices will become the property of Grow Home Care Marketing after 30 days past due. Grow Home Care Marketing, at its sole discretion, may continue to operate under the 3rd party brand's website, business listings, marketing material, digital marketing, social profiles/accounts, and all media created for the 3rd party brands if the client has defaulted on this contract and payments. All business listings being managed under the client brand name will be transferred to the client within 30 days or less, not including our proprietary 3rd party brands or websites. The client understands that in default of this contract, the terms agreed that anything Grow Home Care Marketing optimized, created, or worked on for the 3rd party brands or client's website is still the property of Grow Home Care Marketing.
Contract Length / Payment: An initial Investment of $6,900 will be charged. This contract is for a period of time of 12 months from the date of signing. Grow Home Care Marketing may renegotiate the contract at the end of the 12-month period. The client agrees to pay all due invoices and this contract for the total amount of $54900.
Initial Investment payment: $6,900
Monthly payment arrangement: $4,000 per month
At the end of 12 months, this contract automatically renews perpetually on the first day of the month of each yearly quarter (3-month period), until written notice is received. The client has 30 days to cancel this perpetual contract before the next quarter renews (which is always on the first day of every quarter) by either certified mail at Grow Home Care Marketing 12501 South Memorial Dr. Bixby OK 74008 or Grow Home Care Marketing’s preferred method by email at email@example.com. If canceling this contract by email, Grow Home Care Marketing must confirm cancelation as received by a written reply from Grow Home Care Marketing to the client.Services Rendered: The client acknowledges this marketing campaign includes exclusive access to prospective client leads, sales, donations, limited WordPress backend, hosting provided for the website or landing page, domain name provided, SEO services for the website, Google Analytics reports, Phone call reports, and keyword ranking reports. Grow Home Care Marketing endeavors to fulfill obligations set out in the services provided section and will use various marketing techniques. Grow Home Care Marketing uses proprietary digital marketing techniques learned over 18+ years to enhance the leased marketing campaign to perform better on search engines.
Products:Automize Growth PRO Next Level Website + On-Page SEO Google Ads + Landing Page Monthly SEO (starts after 3 months)Reporting
Support Level:1hr onboarding & setup of Automize App, Google Ads & websiteIncludes Support Specialist UpgradeClient ticketing system (up to 1hr of edits/month)
Monthly Services:Automated reportsWebsite hosting, maintenance & securityMonthly marketing review with Client Success Manager (CSM)Google Ads maintenanceSEO
Website Features:Up to 35 Custom Designed, Geo-Optimized PagesYour Branding, Colors & LogoIntegrated Content from Your Old or Existing SiteBlog Setup & TransferCustom Promotional Video for Homepage
Google Ads Features:Search CampaignHiring CampaignAd Extensions
SEO Features:Blog & Google Business Profile PostsCitation Audit and Clean UpLink Building (Backlink Profile)Press ReleaseGoogle Business Profile OptimizationGoogle Analytics ReportingGoogle Search Console Integration
The client also acknowledges that any payment of services is an acknowledgment of services received. The client also acknowledges the marketing system campaign lease of services from Grow Home Care Marketing, including but not limited to SEO, Web Design, Graphics Design, Email Marketing, Autoresponders, Optin Plugins, Lead Capture Code or Pages, Landing Pages, Squeeze Pages, PPC, CPM, Adwords, CPA, Pay for Traffic, Search Engine Marketing, Social Media Marketing, Business Consultation, In Bound Marketing, Analytics, Traffic Funnels, and Lead Generation are not tangible physical products but are intangible benefits obtained by leasing a marketing campaign.
Disclaimer: The client acknowledges Grow Home Care Marketing makes no claim to the exact position on search engines that the website will rank for or display. Grow Home Care Marketing does not own or control Google or other search engines and is unable to make any guarantee to ranking positions for the leased marketing system campaign or website. Grow Home Care Marketing assumes no responsibility for damage to computers, electronic devices, or software of the client or visitor/s or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the client or visitor’s computer, electronic devices, or software. Client and visitor/s forever waive all rights to claims of damage of any kind based upon the use of the website/landing page/marketing campaign, whether intentional or unintentional, physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Breach: In the event of a breach of contract, contract dissolution, or contract expiration, the client acknowledges and forfeits any right to ongoing marketing services by Grow Home Care Marketing or its affiliates. In addition, in the event of the client’s failure to pay, it is at Grow Home Care Marketing’s discretion to terminate this or any and all contracts. In the event of a breach of contract, the client is obligated to pay any remaining costs or fees, as well as penalties, associated with the marketing services or this contract. Grow Home Care Marketing may close or terminate any marketing channels or accounts with third parties set up on behalf of or for the client’s benefit.
Indemnification: The client agrees to pay for any damage he/she might cause to the marketing campaign/landing page/website or Grow Home Care Marketing and promises to reimburse any and all fees and costs resulting from the repair of the marketing campaign/landing page/website or legal proceedings based upon this agreement.
Mediation: The client agrees that as the result of a dispute or claim against Grow Home Care Marketing client will attend and comply with mediation first. Next, if the parties are unable to resolve in mediation, then the parties shall go to binding arbitration in Tulsa County, Oklahoma. Any and all disputed issues will be resolved and considered binding, with limited rights or appeal by the mediator. The other party shall reimburse the prevailing party for any and all costs associated with the dispute, including mediation or arbitration, attorney fees, collection fees, investigation fees, and travel expenses.
Jurisdiction/Venue/Applicable Law: If any matter arises concerning this lease, the jurisdiction and laws of the State of Oklahoma shall apply. And in the event of litigation, the court shall be the closest to Grow Home Care Marketing’s address.
The client fully understands this is a binding legal contract between the client and Grow Home Care Marketing, effective as of the date indicated and signed below.
On this date: March 27, 2023 the client acknowledges and agrees to the entirety of this contract being the monthly marketing system agreement.
Here’s How Recurring Payments Work:
You, the client, authorize regularly scheduled charges to your checking/savings account or credit card. You will be charged the amount indicated below each billing period. A receipt for each payment will be emailed to you. You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days before the payment is collected.
I, the client, hereby authorize Launch Tulsa LLC doing business under the trade name Grow Home Care Marketing, to electronically debit my bank account/credit card according to the terms outlined below. I acknowledge that electronic debits against my account must comply with United States law.
Your monthly billing will begin 30 days from March 27, 2023
Monthly payment arrangement: $1,649
I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify Launch Tulsa, LLC, in writing of any changes in my account information or termination of this authorization at least 30 days prior to the next billing date. If the above-noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above-noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF), I understand that Launch Tulsa, LLC may, at its discretion, attempt to process the charge again within 30 days and agree to an additional $50 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company so long as the transactions correspond to the terms indicated in this authorization form.
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Signed by Jeremy Fuller
Signed On: March 9, 2023
If you have questions about the contents of this document, you can email the document owner.
Document Name: Grow Program Custom Agreement
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