Terms of Service
This Contract for Services is made effective by and between any new subscribers of adBidtise/#SocialBuzz (the "Recipient"), and adBidtise/#SocialBuzz of Milwaukee, Wisconsin (the "Provider").
1. DESCRIPTION OF SERVICES. Beginning on February 01, 2023, #SocialBuzz will provide to new subscribers the following services (collectively, the "Services"):
Social Media content provider depending on what plan you purchase will be how many days a week we will provide the content. The plans allow us to post to whichever social media platform you prefer.
2. PAYMENT. Payment shall be made to Provider in the total amount of the price plan you signed up for upon completion of Services.in regular payments per month Depending on the plan you choose until termination of this Agreement with a 30 Day Written Notice.
New subscribers shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the new subscribers fail to pay for the Services when due, #SocialBuzz has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
Depending on the plan you choose they start at $99 per month and up with lots of add-ons available to you that are part of your monthly subscription.
3. TERM. The customer must cancel to end this contract. We require a 30 Written Notice to cancel any plan at any time. The 30-day notice begins the day we receive the notice in writing and acknowledgment from our team.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by adBidtise or #SocialBuzz in connection with the Services delivered to our clients will be the exclusive property of adBidtise and #Socialbuzz. To replicate or copy any of the work performed by adBidtise or #Socialbuzz is an infringement of our proprietary ownership rights to the content we are producing.
5. CONFIDENTIALITY. Provider and its employees, agents, or representatives shall not, at any time or in any manner, directly or indirectly, use for personal benefit, or divulge, disclose, or communicate any proprietary information of the Recipient. Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This obligation remains effective during the term of the Contract. Any waiver by the Recipient of these confidentiality obligations, allowing the Provider to disclose confidential information to a third party, will be limited to a specific instance and specific information disclosed. The confidentiality clause will only apply to information shared during this contract.
6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
7. REMEDIES. In addition to any and all other rights, a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 1 day from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
8. FORCE MAJEURE. If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
10. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
11. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
12. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties if the writing is signed by the party obligated under the amendment.
13. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of the new subscriber.
14. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. You must get an acknowledgement from adBidtise/#SocialBuzz for your notice to be documented.
15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
16. ATTORNEY'S FEES TO THE PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
17. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
18. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
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19. EMPLOYEES. Clients and recipients of our services are strictly prohibited from hiring any of our employees during the term of our agreement and for a specified period of 5 years thereafter. Any attempt to hire or actual hiring of our employees, or cancellation of services as a result of such hiring, will result in immediate legal action. Every employee signs an Non-compete that prevents them from poaching any of our clients for up to 5 years if you hired this person we will seek legal action to protect our business.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.
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Service Provider:
#SocialBuzz/adBidtise
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Attorney Jeffery Bell
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