This Sales and Service Agreement (this “Agreement”) is made TODAY or Date Proposal Signed, (the “Effective Date”) by and between Local Loyalty Marketing Solutions NC, LLC. d/b/a LeadsNearby (hereafter “LNB”) and [ClientCompany] (the “Client”).
DESCRIPTION OF SERVICES. Beginning on or about the acceptance of this agreement, LNB will provide to Client the following services (collectively, the “Services”):
MONTHLY MARKETING PLAN COORDINATION AND EXECUTION PROGRAM AS DESCRIBED
AGREEMENT ACCEPTANCE. Client agrees that completing the proposal and / or checkout process constitutes acceptance of the terms of this sales and service agreement and no other signature is necessary.
PAYMENT FOR SERVICES. In exchange for the Services, Client will pay LNB monthly according selected termsabove. Credit card or ACH payment auto-approved will be charged monthly.
TERM. The initial term of this agreement varies by selected program and is based on the Effective date of TODAY or Date Proposal Signed. This agreement will automatically renew annually until cancelled. The Client shall have the right to cancel this Contract after the initial term given 30 day notice via phone. LNB also reserves the right, at its sole discretion, to honor a request by Client to terminate this contract at any time with a 30 day written notice. If the Client cancels the Contract LNB reserves the right to retain any payments made for services rendered. LNB also reserves the right to terminate this contract at any time with a 30 day written notice. If LNB cancels the Contract any monies paid for services not yet rendered to the Client shall be returned to the Client.
Program type and initial term (plus 30 day notice) from Effective date:
- Reputation Builder = One (1) month
- Social Media = One (1) month
- Branding = One (1) month
- Paid Lead = One (1) month
- Content = One (1) month
- Video = One (1) month
- Website Development = Six (6) months
- SEO = Six (6) months
- Marketing Automation = Six (6) months
- Citation Development = Six (6) months
CONFIDENTIALITY. LNB, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use, collect, store, copy, save, divulge, disclose, communicate (collectively “Use”), or knowingly allow others to Use any confidential, private or proprietary information regarding Client and its trustees, officers, employees, grantees, grants, agreements, investments, and technology (including vulnerabilities discovered by LNB) (collectively “Information”). LNB and its employees, agents, or representatives will protect such information and treat it as strictly confidential. This provision will survive and continue to be effective after the termination of this Contract, regardless of the reason for such termination. Upon termination of this Contract, LNB will return to Client all records, notes, documentation and other items that were used, created or controlled by LNB during the term of this Contract.
WARRANTY. LNB shall provide its services and meet its obligations under this contract in a timely and workman like manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in LNB’s community and region, and will provide a standard of care substantially equivalent to care used by service providers similar to LNB on similar projects.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this contract.
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this contract will be held to be invalid or unenforceable for any reason, the remaining provisions continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if signed by the parties obliged under the agreement.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of North Carolina.
NOTICE. Any notice or communication required or permitted under this contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
USE OF NAME. Client agrees to allow LNB to use its name, logo image or description of its relationship with Client at its discretion.