Effective January 1, 2016 - December 31, 2016
Welcome to 214 Interactive. By hiring Two1Four Interactive, LLC ("214"), you ("Client") are agreeing to the following terms below. Please read them carefully before clicking the "I agree" button on the proposal provided with this link. .
I. PURPOSE OF ENGAGEMENT
Client has engaged 214 for the purpose of enhancing its online presence through 214’s services including but not limited to Website Design / Development / Hosting, Social Marketing, Reputation Management, and/or Online Media Buying.
214 agrees to deliver services as specified in the online marketing proposal provided with the link to these T&Cs. Client agrees to provide 214 with all content requested and within a reasonable amount of time in order to meet our timeframe obligations. Client understands and acknowledges that some or all services cannot commence without certain required information provided to 214 by Client.
III. BEST EFFORTS
Client understands and acknowledges that 214 cannot guarantee the specific results Client will achieve from the services provided by 214. 214 will use its best efforts in providing the services client has requested.
Client agrees to pay 214 the initial consideration of setup and/or build fees followed by the monthly service fees. All payments will be due in advance for services rendered the following month. No services will be rendered until initial payment is received. 214 agrees to set media budgets in accordance with client authorization. Client authorizes 214 to pay media budgets using Client’s credit card directly to the publisher when available, as determined by 214. 214 reserves the right to discontinue services following unpaid invoices aged 45 days or more. Client agrees there will be no refunds for services and/or products delivered by 214 under any circumstance.
V. TERM & TERMINATION
Agreement may be terminated after twelve (12) months from the date of this signed agreement (“Initial Term”) and with thirty (30) days advanced written notice. After the Initial Term, this Agreement will automatically renew on a month-to-month basis. Client may cancel or adjust online media budgets for the following month with written notice by the 25th day of the previous month. Upon cancellation, and following the initial term, Client will retain ownership of website files, designs, pages, structure and exclusive SEO content written for Client’s website and provided by 214.
Client agrees not to release information to third parties about any of 214’s designs, processes or techniques, nor use such designs, techniques or methodology for its own purposes in the future for other projects not covered by this agreement, acknowledging that such activity would constitute plagiarism, copyright infringement and/or theft of trade secrets.
VII. PROMOTIONAL MATERIALS
Client grants 214 permission to use Client’s name, logo and/or success metrics in 214 marketing materials including but not limited to case studies, website pages, and promotions.
VIII. LIMITATION OF LIABILITY
CLIENT SPECIFICALLY AGREES THAT THE MAXIMUM LIABILITY OF 214 TO CLIENT WILL, UNDER NO CIRCUMSTANCES, EXCEED THE TOTAL AMOUNT CLIENT HAS PAID TO 214 PURSUANT TO THIS AGREEMENT. IN ADDITION, 214 WILL NOT BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTION, LOSS OF REVENUE, OR LOSS OF PROFITS BY CLIENT. NEITHER CLIENT NOR 214 SHALL BE LIABLE TO THE OTHER FOR DELAYS IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND THEIR RESPECTIVE CONTROL.
IX. DISPUTE RESOLUTION
In the event of a dispute between 214 and Client (“the Parties”) related to this contract, the Parties agree to attend mediation prior to filing any action in a court of competent jurisdiction. The Parties also agree that all suits arising out of this contract shall be filed in the courts of Dallas County, Texas. The Parties further agree that in the event of litigation related to this contract, the prevailing party shall be awarded its reasonable attorney’s fees, costs of court and expenses incurred.