ESSENTIALS FOUNDATION TERMS OF SERVICE
- THE ESSENTIALS FOUNDATION MARKETING PROGRAM. Subject to the terms of this Agreement, Company shall provide Customer with the following services: website design, website hosting at one domain; on-page Search Engine Optimization (SEO) for local search, in compliance with Google search standards; design of an email newsletter template for Customer use in the CRM; design of a blog digest template for Customer use in the CRM; apply client’s branding to a business page on Facebook; and an account on the LAWMATICS CRM with one user for the purpose of collecting form data from the website, sending the enewsletter marketing campaign and the blog digest marketing campaign (hereinafter collectively “Service”).
- EXECUTIVE BUSINESS AND SALES COACHING: Company will provide three (3) months of group coaching calls and membership in the Facebook support group, Crossing the Rubicon during the initial three (3) months of the 12 month contract.
- LAWMATICS CUSTOMER RELATIONSHIP MANAGEMENT (CRM) INTEGRATION. Company shall provide Customer with the following services:
- Account on Lawmatics with ONE User (additional users may be added through Lawmatics directly at additional expense)
- Website integration of the following web forms: contact, consultation request and subscribe forms for enewsletter and blog digest
- Blog Digest email campaign setup
- Newsletter email campaign setup
- Further Lawmatics support may be obtained directly from Lawmatics on an as-needed basis at their published rates
- BLOG INTEGRATION AND BLOG LIBRARY AND PUBLISHING PLATFORM FOR DISTRIBUTION THROUGH THE BLOG DIGEST EMAIL CAMPAIGN IN LAWMATICS. Company will give Customer access to select and edit up to five articles weekly from the online article library. Customer may use the content provided verbatim, edit before posting, or choose not to use the content at all. The content is provided for express use on the Customer’s WordPress blog and in the Blog Digest email campaign only and cannot be redistributed, reproduced, transmitted, displayed, sold, transferred, or disposed of in any manner, nor may the Customer create derivative works of any of this content without the express written permission of an authorized representative of Company. The blog digest as an AUTOMATED distribution. Accordingly, once the distribution schedule is set, the campaign will execute automatically without further intervention from Company. If Customer desires to edit, stop, or otherwise modify the campaign, it is Customer’s responsibility to do so and not the responsibility of the Company to check in and ask Customer whether they want to make changes to their automated campaign.
- EMAIL NEWSLETTER and distribution through the LAWMATICS Marketing CRM. Company shall design an email newsletter template, create and schedule monthly distribution through Lawmatics. Company makes no representations or warranties as to the deliverability, open rate or click-through rate of the email newsletter. The email newsletter is designed as an AUTOMATED distribution. Accordingly, once the distribution schedule is set, the campaign will execute automatically without further intervention from Company. If Customer desires to edit, stop, or otherwise modify the campaign, it is Customer’s responsibility to do so and not the responsibility of the Company to check in and ask Customer whether they want to make changes to their automated campaign.
- EMAIL. The Company does not offer email hosting or support.
- NO SPAM. It is the Customer’s responsibility to ensure that any recipients of email marketing campaigns have given explicit permission to receive such communications. Purchased or rented lists, or scraping emails from websites, are all prohibited and should not be imported into the Customer’s email marketing accounts.
- LIST CONFIDENTIALITY & ACCOUNT MANAGEMENT. To maintain and support the client, IMS and its staff members will have password access to the Client’s CRM database lists. This is a necessary part of the service. The company agrees that these lists are the exclusive property of the Client. Because this information is valuable property and is of a highly confidential nature, Company agrees not to disclose, transfer, duplicate, or reproduce in any form or manner whatsoever all or any portion of the said emailing list(s). The Company warrants that it will take all reasonable precautions to ensure confidentiality of the Customer’s email lists and data.
- BOOK A CALL & CALENDAR SCHEDULING. CUSTOMER may choose to utilize the book-a-call strategy as the call-to-action for their online scheduling. COMPANY agrees to assist and support CUSTOMER with calendar and online scheduling using ONCEHUB (Schedule Once) for the online scheduling. CUSTOMER is free to use any online scheduler they choose, but COMPANY will only support the ONCEHUB application. CUSTOMER agrees to pay for their own online scheduling account (not included in the Service).
- TERM AND TERMINATION. This Agreement shall be effective for a period of 12 months commencing on the EFFECTIVE DATE of this contract. If either party fails to give the other party at least 30 days written notice of its intention to terminate this Agreement before the expiration of 12 months, then this Agreement will automatically renew on a month-to-month basis at the going rate and may be terminated by either party by providing 30 days written notice to the other party. In the event this Agreement is terminated as a result of Customer’s breach of this Agreement, any payments made are non-refundable and the remaining amounts due Company by Customer under the PAYMENT AUTHORIZATION attached to this Agreement shall be due and payable, and your right to use any services, designs or copy-protected content provided by Company shall immediately cease, and Company may delete from its servers or its affiliate’s servers Customer’s account and any content associated with said account, including database lists and information. Should Customer choose to terminate services after successful completion of the contract term (12 months), Customer assumes all responsibility for establishing new service without assistance from Company. Should the Customer elect to do so, Customer may contract with Company to perform a termination process for the website, including updating existing applications, assigning administrative access to Customer, and installing a migration tool to assist in migrating the website to a new host. Customer also may contract with Company for additional transfer services at additional cost. Absent a separate a contractual agreement for assistance, Customer assumes all responsibility for continuation or establishment of new services in the event of termination.
- COMPENSATION. Customer agrees to promptly pay Company the Total Amount Due, as outlined on the attached Payment Authorization, beginning on the EFFECTIVE DATE of this contract, and then billed on the 15th day of the next consecutive months. All payments are to be made by valid credit card; Company does not accept checks, cash or echecks. Any payment that is declined for billing on the due date will result in a $35 late fee. If payment continues in arrears for two weeks, all services will be suspended and the account will be put on hold for up to another two weeks (for a total of four weeks in arrears). Customer must make the payment in arrears AND the regular payment due to bring account back to active status. Failure to do so will result in termination due to Customer’s breach of this Agreement then the Total Amount Due minus any amounts that have already been paid shall be immediately due and payable to Company.
- COLLECTION COSTS. In addition to all other amounts due, in the event it becomes necessary to use collection procedures, Customer agrees to pay for any and all collection agency fees, costs and expenses. And if the Agreement is turned over to an attorney, Customer shall be liable for reasonable attorneys’ fees, expenses and court costs in either the enforcement of any provisions of the Agreement, in connection with a bankruptcy or insolvency proceeding or in the collection of any amounts due.
- CONTENT. Customer shall be liable for any material protected by copyright, trademark, patent or trade secret law used in Customer’s content without the permission of the author or owner, and for defamatory materials in any of Customer’s content. Company shall not be responsible for reviewing Customer’s content before it appears on the website. Customer represents that (i) its content contains no offensive, harassing, defamatory, indecent, or obscene material, and does not violate any applicable laws, regulations, or judicial rulings; (ii) its content is not false, misleading, deceptive, or fraudulent; (iii) it will act in good faith to honor all promises, offers, and statements Customer makes in its content and in any related materials, products, services, or communications; (iv) Customer owns or is authorized to use its content and all trademarks, trade names, and similar materials of any kind that are included in Customer’s content; and (v) Customer’s content does not infringe upon or violate any intellectual property, proprietary, or other rights of Company, its affiliates, and any third party. Company reserves the right, in its sole discretion, to refuse to display or to remove from the website at any time any content that it reasonably regards as violating this provision or as otherwise inappropriate or inconsistent with Company’s policies in effect. Company reserves the right to release current or past information related to Customer if Company believes that Customer, its content, its website, or account is in violation of any criminal laws or is being used to commit unlawful acts, or if the information is subpoenaed.
- PROPRIETARY RIGHTS. Some content provided to Customer by Company and all Company logos, service marks and trademarks (“Marks”) placed on the website are protected by copyrights, trademarks, service marks, patents, or other proprietary rights, laws, and regulations. Subject to the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable license to use Company’s content and Marks for business purposes in connection with the creation, updating, and maintenance of the website, and to make the website available to users of the World Wide Web in the ordinary course of business during the term of the Agreement. Customer may not alter, copy, reproduce, transmit, display, distribute, sell, transfer, or dispose of in any manner, or create derivative works of, any of the protected proprietary items, without the express written permission of an authorized representative of Company. Customer will not remove, obscure or alter any of the Marks appearing in the Service including altering the surrounding color or contrast so as to make the Marks difficult to see.
Upon termination of this Agreement, Customer’s license to use Company’s content and Marks are immediately revoked and Customer agrees to no longer use Company’s content and Marks and shall immediately remove all content and Marks from Customer’s website.
Protected content includes but is not limited to content Company provides for the CLIP, Practice Areas, the Three Ps of Estate Planning, Phases of Life, all content supplied in the email newsletter, and any content expressly protected by Company’s copyright © insignia.