Business Legal Name:*
Number of Locations:*
Do you want to add Premium Directory Management?
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Do You want to add Out the Door Pricing?
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Do you want to add My Service Reminder?
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Website Co-op Program:
MAST BSFS GY Conti None Unknown
Interested in learning more about Tire Power, point of sale software?
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Current Website Address:
Promo Code (optional):
Terms and Conditions. Company will provide Client with Website and Web Hosting services for Customer, subject to the following terms:
1.1. Website and Service Start Date. Customer agrees to an initial development of website and hosting/maintenance agreement for covering the 12 months.
1.2. Renewal by Customer. This Agreement will automatically renew for a successive 12 month Term unless canceled in writing by Customer at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customer’s account on a monthly basis.
2.1. Proprietary Information. Proprietary information exchanged hereunder shall be treated as such by Customer. Customer further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Customer or any portion thereof. 2.2. Censorship. Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. 2.3. Warranties. Company makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customer's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Customer for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability. 2.2. Trademarks and Copyrighted Material. Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service and shall be bound by those terms and conditions. 2.5. Transfer of Agreement. Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company. 2.6. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors, 3) upon mutual agreement in writing of Company and Customer. 2.7. Disputes. If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals. 2.8. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Customer's marketing or support services of the product or services, or the unauthorized representation of the product and services, or any breach of this Agreement by Customer. 2.9. Enforceability. If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of TN. Exclusive jurisdiction and venue shall be in the Putnam County, Tennessee Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Each party represents and warrants that, on the date first written above, it is authorized to enter into this Agreement in its entirety and duly bind its respective principals by its signature below: EXECUTED as of the date first written above.
I accept the terms and conditions
Premium Directory Management Terms and Conditions.
WHEREAS, the Client wishes to contract with the Company for online directory management services as stated in the above fee schedule. The services (hereinafter referred to as “Services”), and WHEREAS, the Company is ready, willing and able to provide such Services as may be required by the Client.
a) Client shall pay the Company annual fee in full upon signing of this agreement. Notwithstanding anything herein to the contrary, the Client shall hold harmless the Company from liability for any wrongful act or omission in connection with the payment processes hereunder, including, without limitation, any act or omissions by any financial institution, Credit Card Company or any person including any data processing vendor used by the Company or Client.
DURATION AND TERMINATION
a) This Agreement shall become effective as of the date this Agreement is signed by both parties and shall continue for twelve (12) months, and shall automatically renew for subsequent twelve (12) month term unless either the Company or the Client notifies the other in writing no less than sixty (60) calendar days prior to the end of the then-current term that it wishes to terminate this Agreement.
b) If/When Client notification to discontinue Services prior to the end date of the contract, the Company will acknowledge the receipt of cancellation of Services in writing and complete any work which has already been submitted to production for remaining month in which the cancellation of Services notification was received.
I accept the Premium Directory Management terms and conditions