This TERMS AND CONDITIONS AGREEMENT is made between WEBSOMO, LLC and you and your business (hereafter known as the CLIENT). In consideration of the mutual premises herein contained, the CLIENT and WEBSOMO, LLC hereby agree as follows:
SECTION I: ENGAGEMENT
The CLIENT hereby agrees to and is empowered by the company it represents, should it be representing one, to engage WEBSOMO, LLC to design, create, manage and (or) host online digital and (or) print marketing and branding service(s) and (or) project(s) including commercial business and residential home service(s).
This could be but is not limited to Website Design, Marketing and Management – Ecommerce Design, Marketing and Management – Email Design, Marketing and Management – Social Media Design, Marketing and Management – Landing Page Design, Marketing and Management – Online Hosting and Domain Registration Management – Merchant Services – Membership Services – Computer Support – Security and Automation – Telecommunications: landlines, digital phones, wireless phones, internet, dish, satellite, television – General Technology Services – Affiliate Streams of various online referral incomes.
This agreement does not include any maintenance or service work performed after the project(s) or service(s) have been completed.
SECTION II: COMPENSATION
In full consideration for the performance of the Service(s) Project(s) described in Section I, the CLIENT shall pay WEBSOMO, LLC the amount both the Client and WEBSOMO, LLC have agreed upon via the listed website price and support request estimates.
SECTION III: ASSURANCE OF SERVICES
WEBSOMO, LLC will assure that it will be available to perform and execute, the Service(s) Project(s) described in Section I hereunder until they are completed.
SECTION V: CLAUSES
1. Entirety Clause: This signed agreement constitutes the entire agreement and nothing else.
2. Portfolio Clause: The CLIENT understands it will allow WEBSOMO, LLC to use the Clients name, the name of the Company the CLIENT represents along with examples of any material WEBSOMO, LLC produces for the CLIENT. WEBSOMO, LLC retains that right to use the project(s) or service(s) provided to the CLEINT as a reference and example for WEBSOMO, LLC’s own online, digital, print, and verbal marketing, portfolio, and branding purposes. This clause enables WEBSOMO, LLC the free use of this material and is considered active once agreement is signed and is considered perpetual even after payment has been received in full.
3. Data Retention Clause: Should the CLIENT be enrolled in one of the backup services offered by WEBSOMO, LLC the CLIENT understands any requests to restore a backup will incur a minimum data restoration fee. It is also understood by the CLIENT that backup restoration does not guarantee any pre-existing issues from the backup date restored on the CLIENT’s behalf will be resolved.
4. Prohibited Content Clause: Should the CLIENT break any laws regarding Digital Millennium Copyright Act (DMCA), certain types of content, and (or) prohibited activities. WEBSOMO, LLC has complete authority to disable and remove the CLIENTS files and information for which WEBSOMO, LLC has control over.
Should any laws be broken by the CLIENT it is understood WEBSOMO, LLC has the option to forward all information it has on the CLEINT to the authority agency WEBSOMO, LLC feels is most appropriate. If any authority agencies make a request to WEBSOMO, LLC regarding the CLEINT’s information or files WEBSOMO, LLC retains the authority to grant it to them. Any fees, fines, or costs involved and incurred on WEBSOMO, LLC during these types of processes will be considered the responsibility of the CLIENT and are due within 30 days after the CLIENT is notified that they occurred.
5. Delinquency Clause: WEBSOMO, LLC has the full right and authority to take down, change, alter, remove, reclaim, replace, and (or) delete the files, information, and media, of the CLIENT’s should the CLIENT become delinquent on payments, discontinue communication for more than 30 days, or be deemed by WEBSOMO LLC to refuse to pay final amount owed for Service(s) Project(s) provided in Section I. It is understood WEBSOMO, LLC maintains complete ownership and has full power of its use regarding all of the files designed, created, edited, managed and contributed to for the project(s) or service(s) the CLIENT engaged WEBSOMO, LLC to do until the agreed amount in Section I has been paid for in full by the Client.
6. Termination Clause: The contract is considered breached if the CLIENT does not pay the agreed upon amount for services rendered and (or) discontinues communication with WEBSOMO, LLC for more than 30 days, it is agreed that the WEBSOMO, LLC has a right to accelerate for full payment via collections or legal actions for the project(s) and service(s) it provided to the CLIENT 30 days after said breach occurs.
7. Indemnity and Liability Clause: The CLIENT cannot hold the WEBSOMO, LLC financially or any other way or means responsible for any service(s) or project(s) performed in this agreement. Should the site(s), project(s), service(s), or files be hacked, breached, crash, become inoperable, not function properly, go offline, or does not generate the desired sales the CLIENT wants it is clearly understood that WEBSOMO, LLC is considered without fault and does not have any financial responsibility or restitution owed to the CLIENT.
8. Insurance Clause: If the CLEINT is awarded any damages through legal proceedings or settlements with WEBSOMO, LLC, the CLIENT agrees to only receive the amounts possible and granted from current WEBSOMO, LLC Insurance Policy Coverage only and nothing more.
SECTION VI: GENERAL TERMS
1. This Agreement shall be governed and construed in accordance with the laws of the State of
Oklahoma applicable to contracts made and fully performed therein, and the state and federal courts located in Tulsa, Oklahoma shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this agreement. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum.
2. This Agreement represents the entire Agreement between the parties. The Agreement may be amended, changed, and supplemented in any way by WEBSOMO, LLC at a later time but must be approved by Client for the revision(s) to be considered active.