STATEMENT OF RESPONSIBILITY
Customer(s), herein called CLIENT authorizes Netsurf Advertising LLC, herein called (NSA) to use CLIENT’s debit and/or credit card, and/or checking/savings account via drafting from ACH on or after the due date for all invoices due for services and/or products contracted with NSA. If a check, ACH or Credit/Debit charge is returned for any reason, a $35 return fee will be charged to CLIENT. CLIENT must have a credit card and/or ACH Bank Draft on file. Any account over 30 days past due is subject to interest charges of 3% per month, accrued monthly, and/or cancellation of services, and/or rebilling the difference between the contract rate and standard rate, and/or an extension of contract for 12 month due when account becomes 90 days past due. The standard rate for Google Page One or the Yahoo/Bing Combo plan is $500 per month, the standard rate for our basic texting plan or coupon plan is $100 per month, the standard rate for our websites is $3000 plus $50 per month. The guarantor of CLIENT agrees to the terms of this agreement. It is agreed by the contract guarantor of CLIENT of this instrument that contract guarantor of CLIENT is jointly and severely liable for any and all credit extended by NSA , for any products and or services purchased by CLIENT (s). This guaranty shall be enforceable as to all CLIENT debits, liabilities, and obligations incurred. This Instrument shall be a continuing guaranty and shall remain in full force and effect until all services are cancelled and account is paid in full. The individual (s) agreeing to this contract agrees to personally guarantee payment and indemnify NSA for all expenses incurred in connection with the collection of amounts payable including court cost and attorney fees. If any portion of this Agreement is held invalid or inoperative, then all of the remaining portions will remain in full force and effect. CLIENT agrees to communicate and receive updates and invoicing via email.
This marketing agreement, governed by the laws of Arizona, is entered into and effective beginning on the date CLIENT signs up for service this agreement. CLIENT certifies that all the information provided true and accurate, CLIENT also acknowledges and agrees to these Terms and Conditions, and does so by making purchase on NSA’S website or by completing Netsurf Advertising, LLC Account setup form.
For Google Page One Plans and/or Yahoo/Bing Combo Plans
CLIENT’s setup fee will be charged immediately upon purchase and then 15 days later CLIENT’s monthly recurring charges will begin and be charged via the supplied credit card or debit card. CLIENT may cancel at any time following Account Setup. If CLIENT cancels within the first 14 days no monthly charges will be processed. If CLIENT cancels on day 15-40 they will only be liable for the setup fee and first month’s service. If client cancels between days 40-55, the cancellation will become effective after the second monthly charge has occurred. After day 55, if CLIENT cancels CLIENT’s cancellation will become effective after the current contract, and they shall be liable for all payments during the term of their contract. There is no refund for setup charges. The first 14 day trial gives NSA the opportunity to get CLIENT’s account ready. The CLIENT’s contract is for a term not less than six months, and the contract automatically renews every six months for a new period of six months. CLIENT’s contract automatically renews every six months starting from the day CLIENT signed up for services. CLIENT’s credit card will be charged every month, but the contract is always in six month intervals. CLIENT may cancel at any time, but the contract is always for six months at a time. If CLIENT cancels, cancellation will become effective at the end of the current six month contract that CLIENT is in at the time of cancellation. CLIENT and or Guarantor of CLIENT will be personally responsible and guarantee all payments, regardless of if supplied credit card is successfully processed. The only way to cancel CLIENT’s account is by completing the form at http://www.netsurfads.com/#!cancel-form/cmhc.
CLIENT understands that if CLIENT cancels their Google Page One plan or their account becomes delinquent that any additional products or services through NSA may be terminated.
For Websites, Email, Hosting
NSA shall work diligently on CLIENT’s behalf in regards to building, hosting, and maintaining CLIENT’s website and email capabilities. However, NSA assumes no liability for losses or damages for website and email errors, downtime, and incorrect information. CLIENT should monitor website and email capabilities and report any errors or issues immediately to NSA. NSA shall maintain ownership of all domains, content on website, images, designs, and functions of website. If CLIENT wishes to purchase their website and domain name and move to a different host or registrar, please contact NSA. NSA is under no obligation to release website files, domain names, and may or may not at NSA’s sole discretion.
1.1 Creation-Account creation and activation is subject to the completion of Account Setup Form.1.2 Payment- NSA services are based upon the agreed set up fee and monthly fee. Setup Fees are charged the day CLIENT signs up for services and 15 days later CLIENT’s monthly charges begin. All future monthly recurring charges will be submitted monthly on the same day as the first monthly charge. Prices, terms and conditions are subject to change; however, CLIENT will be notified within 30 days via CLIENTs supplied contact email address, of any such changes before they go into effect, and CLIENT will be given the opportunity to cancel CLIENTs service agreement. 1.3. Duration- CLIENTs account will remain active for the contract period listed above, beginning on the initial full month billing and will automatically transform to an automatic perpetually renewing 6 month contract from the point of account creation, unless CLIENTs is cancelled in accordance our cancellation policy in Section 2.
2. Account Termination
CLIENTs account may be terminated under any of the following conditions:
2.1 Service Non-Renewal – CLIENT may elect to not renew CLIENTs contract at any time by clicking this link. and completing the cancellation requirements. CLIENTs request must be received by NSA no later than 15 business days prior to CLIENTs renewal date, at which point all future billings to CLIENTs account shall be terminated.
2.2 Service Cancellation 2.2a. CLIENT may elect to cancel CLIENTs service at any time by going to http://www.netsurfads.com/#!cancel-form/cmhc. 2.2b. CLIENTs account may be billed for the next month if not received 15 days prior to CLIENTs next billing cycle, and the lesser of a $500 early termination fee if in first 3 months of current contract, or $250 if after first 3 months of current contract.
2.3 Service Nonpayment- Should CLIENTs account become more than 60 days delinquent CLIENTs services may be cancelled and CLIENT will be responsible for fulfilling CLIENTs financial obligation to NSA as detailed in the terms and conditions of CLIENTs account. Our standard rate is $500 per month. Should CLIENTs account become cancelled and CLIENT wishes to reactivate, a new set-up fee must be charged.
2.4 Cancellation by NSA. NSA shall reserve the right to cancel CLIENTs subscription for any reason, following the first 3 months of invoiced service without issuing refund for set up fees, or work performed. NSA shall reserve the right to cancel CLIENTs subscription for any reason, prior to completion of the first months of invoiced service, at which time a full refund of any paid fees in regards to this service shall be returned.
2.5 Right to cancel
CLIENT may cancel at any time following Account Setup. If CLIENT cancels within the first 14 days no monthly charges will be processed. If CLIENT cancels on day 15-40 they will only be liable for the setup fee and first month’s service. If client cancels between days 40-55, the cancellation will become effective after the second monthly charge has occurred. After day 55, if CLIENT cancels CLIENT’s cancellation will become effective after the current contract, and they shall be liable for all payments during the term of their contract. There is no refund for setup charges. The only way to cancel CLIENT’s account is by completing the form at http://www.netsurfads.com/#!cancel-form/cmhc.
3. Services Guarantee Policy
Per services guarantee, policy is bound by the following conditions:
3.1 Google service- NSA will place CLIENTs business and/or ensure CLIENTs business remains a Top 10 (or Black Bar) Google Map result and/or on the first page of Google. Should CLIENTs business not be a Top 10 (or Black Bar) result on Google Maps or on the first page of Google for at least 2 of CLIENTs selected key terms during the month, CLIENT will receive a prorated refund equal to amount charged on contract to a maximum $30 per week. If CLIENT believes CLIENTs business is not showing per the contract, please send email to email@example.com. Credits shall be issued the following month, provided CLIENTs account is in good standing. 3.2-NSA will optimize CLIENT’s SEO/SEM for as many search terms as we are able. Search phrases are defined as: a key term(s) relevant to CLIENTs core business, preceding or following a city selected above or city CLIENTs business is located. 3.3-We provide no other explicit guarantees regarding results from our service. Specifically, we provide no guarantees as to hits, rankings, or other metrics.
4. CLIENT Non Compliance
Any non-compliance with requests made by NSA to CLIENT, and/or with this contract, and/or interference with NSAs efforts, and/or lack of assistance by CLIENT may be considered a breach of this contract and may result in a Service Cancellation by default under Section 2.2 of this agreement. By CLIENT default, CLIENT will be liable for all contractual obligations. NSA must send CLIENT a notice, to CLIENT s email address or mailing address on file, prior to invoking said cancellation, of which CLIENT shall have 10 days from notice sent date to make all remedies requested. If CLIENT fails to remedy the non-compliance breach(s), NSA shall have the right to invoke cancellation under Section 2.2 of this agreement.
5. Additional Terms
5.1 Any current or future taxes that are imposed on this contract or arise from work, materials and products from this contract are the obligation of the CLIENT and will be billed accordingly.
5.2- CLIENT agrees to hold harmless and indemnify NSA from all damages, cost, and expenses, including court costs and attorney fees, for NSA services, and for which CLIENT may become liable.
5.3 All copy representing the creative effort of NSA is, and shall remain the property of NSA.
5.4- Any part of this contract that is held not admissible or invalid, shall not allow other portions of, or the entire contract to be held in the same manner.
5.5-CLIENT is responsible for registering their account. If registration is not completed within 24 hours, delays to CLIENT’S account may take place. NSA is not responsible for service being charged to CLIENT but not performed by NSA due to failure to properly register CLIENT’s account.
5.6 CLIENT agrees to conduct business through electronic communications including email and text messaging when available. Paperless billing through email is the only form of billing available.
5.7 CLIENT understands and agrees that all payments must be done either in advance (6 month minimum) or through an automated payment plan with client giving authorization for credits and debits through a checking account or credit card or debit card.