Grow Home Care Marketing Contract
The client (hereinafter "client") 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 kind of interest or ownership in the client brand nor 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 its contents are owned by Grow Home Care Marketing. Material contained on the landing page, 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 clients 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 onto 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. Timeline is subject to change based on projects that may have recently entered the schedule. Client to provide requested information in a timely manner to maintain project start and completion dates.
Severability: This contract represents the mutual agreement of the parties, and 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.
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 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 if requested with monthly service contracts. 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. Once pre-authorization (signed and approved quote) is received, all service(s) will be charged the credit card on file, unless another form of payment is received, prior to ordering such parts or services. If Grow Home Care Marketing chooses to extend credit for services, payment terms are set as a NET from your receipt of 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 brands 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 clients website is still the property of Grow Home Care Marketing.
Contract Length / Payment: An initial Investment of $ will be charged. This contract is for a period of time of months from the date of signing, Grow Home Care Marketing may renegotiate the contract at the end of the month period. Client agrees to pay all due invoices and this contract for the total amount of $ .
Initial Investment payment: $
Monthly payment arrangement: $ per month
At the end of 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 P. O. Box 140731 Broken Arrow, OK 74014 or Grow Home Care Marketing’s preferred method by email at firstname.lastname@example.org. 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: Client acknowledges this marketing campaign includes the 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.
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 displayed. 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 right 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: 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 in 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 consider binding, with limited rights or appeal by the mediator. The prevailing party shall be reimbursed by the other 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 to below.
On this date: January 22, 2021 the client acknowledge and agree 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 prior to the payment being 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 January 22, 2021
Monthly payment arrangement: $
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: August 7, 2020
If you have questions about the contents of this document, you can email the document owner.
Document Name: Grow Home Care Marketing Contract
Agree & Sign