Subscriber agrees to pay Expect 3 Digital Media Agency referred to as “eXpect3” the charges set forth on the Order Form. Up-front charges are non-refundable and will be auto charged as follows: $(as stated on contract). Monthly SEO charges will be auto-charged $(as stated on contract) per month after the first month of billing. Client’s monthly services will not begin until the site is launched, 90 days after the first billing. If full payment of any Charge is not made, Subscriber services will be in danger of being canceled. All Charges are exclusive of sales, use, ad valorem; value added tax (VAT), personal property and other applicable taxes, which are the responsibility of Subscriber. The client can not present a 90-day cancellation notice before paying all Up-front charges in full.
Terms & Termination
This Agreement will become effective upon approval by Expect 3 Digital Media Agency as of the date specified on the order form. The initial term will be for twelve months and will renew perpetually on the anniversary date of the agreement. The agreement will continue in force until a 90-day prior written notice of cancellation is received.
Should the client cancel services with eXpect3, the client may request the website’s files within 60 days of your drop date in static format (i.e., .html, .jpg, and .png) reflecting the state of the website when it was last saved. The files will not include working files (i.e., PSD mockups), content management system files (i.e., WordPress) or search engine optimization beyond what is copied with the website. The client will be responsible for having any modifications in order for the website to function properly on a new server, this is not the responsibility of eXpect3. The Proprietary User Interface (PUI) are the tools and procedures used by eXpect3 to perfect the websites operating system and will not be issued to the client at any time. eXpect3 may reject the client’s request for website files if the client has failed to satisfy the Agreement terms or is otherwise in default on any eXpect3 account.
Other Events of Termination, Notwithstanding the foregoing, either party may terminate this Agreement immediately upon giving notice of termination to the other party upon the occurrence of any of the following events: (i) the other party failing to cure a material breach hereof committed by it within 30 days after receiving written notice thereof; (ii) eXpect3 ceasing to do business or to do business relevant hereunder (iii) Subscriber may terminate this Agreement immediately upon giving written notice of termination to eXpect3 after receiving notice of an amendment which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber.
Advertising & Promotional Materials
Subscriber agrees to allow eXpect3 to use Subscriber likenesses and information in advertising and promotional materials as eXpect3 may determine. eXpect3 will notify Subscriber of such advertising and promotional plans. If eXpect3 does not receive written instruction from Subscriber within 72 hours of such notice indicating that Subscriber does not wish such use of likenesses and information by eXpect3, eXpect3 may, at its sole discretion, proceed with such use in advertising and promotional materials.
eXpect3 shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the Services caused by or resulting from any act, omission or condition beyond eXpect3’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods or other natural disaster or Subscriber’s or any third party’s hardware, software including contact forms and email delivery, or communications equipment or facilities.
The subscriber may not resell, assign or transfer any of its rights or obligations under this Agreement, in whole or in part, without eXpect3’s prior written consent, and any attempt to so resell, assign or transfer will be null and void.
Disclaimer Of Warranty
SUBSCRIBER ACKNOWLEDGES THAT CERTAIN SOFTWARE USED BY INTERNET USERS MAY NOT BE CAPABLE OF SUPPORTING CERTAIN FEATURES OR FUNCTIONALITIES, WHICH MAY BE INCLUDED IN SERVICES. EXPECT3 SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM RELATING TO ANY INTERNET USER’S INABILITY TO ACCESS THE SERVICES PROPERLY OR COMPLETELY OR FOR ANY CLAIM RELATING TO ANY ERRORS OR OMISSIONS IN THE SERVICES. THE SERVICES AND EXPECT3’s PARTNERS’ CONCOMITANT SERVICES RELATED TO THE PUBLICATION AND DELIVERY THEREOF ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. NEITHER EXPECT3 NOR ITS AFFILIATES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR FREE.
This Agreement will be governed by and construed under the laws of the State of Oklahoma, without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Oklahoma will have exclusive jurisdiction over any claim arising out of this Agreement, and each party consents to the exclusive jurisdiction of such courts. eXpect3 may make credit investigations it deems appropriate including the request for a consumer credit report from a credit-reporting agency on any individuals identified in this order form. If a subscriber inquires whether a credit report was requested, eXpect3 will provide information of such if a report was received and the name, address, and telephone number of the agency that supplied the report. Should any provision of this Agreement be held void, invalid, unenforceable or illegal by a court of law, the remaining provisions will remain valid and enforceable. Failure to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. This agreement is good for 30 days. No modifications to this agreement will be acceptable unless attached as an addendum and signed by both parties.