1. SERVICE DESCRIPTION
SurfTrends Inc., search engine marketing services are designed to increase a web sites rankings within the search engines for related keywords. SurfTrends does not make any guarantees to the success of our campaigns. Search engines are third party companies that we have no control over. However, we will do everything in our power to make sure that your campaign is successful. SurfTrends Inc., Email List Management System (E-Manage) is a portfolio of enhanced messaging transmission / delivery services that provide for various user access methods including via the World Wide Web.
2. USAGE
Any compilation of Internet email addresses that Customer or a representative of SurfTrends Inc., may input into the E-Manage System is and will remain the proprietary information of Customer. SurfTrends Inc., will not resell, redistribute or rebroadcast any email list or compilation of Internet email addresses input into E-Manage System by Customer unless permission for said is obtained from Customer.
3. BILLING AND DEFAULT
You agree to pay for all services rendered as billing, which shall be due upon receipt. If you fail to do so, SurfTrends may elect to suspend service and declare the entire amount due for the term payable in full. We may also collect late charges and/or interest at the maximum rate allowable by the laws of the state of Florida. Toward this end, a 1.5% per month late payment fee may be assessed on past due amounts. The monthly Charges will be billed effective as of the date Service is first made available for Customer's use. You also agree to pay all reasonable attorney's fees and costs, which we may incur in collecting any unpaid amounts. If more than one applicant has signed this agreement, all will be jointly and severally liable for all charges. Customer will be invoiced by the 15th of each month, and SurfTrends Inc., must receive payment from the customer within 15 days of the invoice date. Any questions which Customer may have concerning an invoice must be brought to the attention of SurfTrends Inc., within 15 days of invoice date.
4. ASSIGNMENT
You may not assign your obligations under this order without prior written consent.
5. CONTENT
You have the sole responsibility for the content of Internet Email lists and web site, including, without limitation the Email addresses and content therein, and warrant that:
- You are authorized to sell all products and/or services listed in your Website and within the Email you are sending;
- You have the right to use all trademarks, service marks, names, information, artwork and likenesses in your advertising;
- You have the right to use all copyrighted work to be reproduced in your website or Email and you have the sole responsibility to register and protect the same;
- Your Website or Email will not infringe any trademark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, nor will it constitute false, deceptive or unfair advertising or disparagement under applicable law;
- Your Website and Email text complies with all applicable laws and/or regulations, including, for example, licensing requirements and administrative or professional rules and regulations; and
- Any prices, discounts, or product availability quoted in your Website or Email text shall be complete, accurate, and honored by you. You agree to indemnify and hold harmless SurfTrends, Inc as to any attorney's fees, expenses, losses, or damages, which we may sustain as a result of your Website.
6. TERMINATION
This agreement and any subsequent project description order made pursuant to it may be terminated at any time by mutual agreement whereas may be provided for in this order. Either party may terminate this agreement for cause by giving written notice. In the event of termination, customer shall pay for all services performed and disbursements made by SurfTrends, Inc up to the effective date of termination.
7. LIMITATION OF LIABILITY
We will use all reasonable efforts to provide our software and services on an as needed basis. Beyond the file edits we employ to optimize your web pages, we do not warrant that the functioning of any Network will not affect the ability to use your Website. Any liability that we or any affiliate, employee, agent, servant, or subcontractor may have due to errors and omissions with respect to your Website or any other obligation under this order shall not exceed the amount of charges for the services rendered herein. This limitation of liability applies to claims in contract, tort, strict liability or otherwise and to any loss of business, profits, or additional costs incurred. It also applies to any specials, incidental, or consequential damages, and any benefit to others is strictly incidental. EXCEPT AS EXPRESSLY SET FORTH HEREIN THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SurfTrends Inc., shall not be liable for any damages caused by the delay in rendering services arising from or out of any cause beyond the reasonable control of SurfTrends Inc., |