GYM LEAD MACHINE BASIC WODSITES TEMPLATE WEBSITE SERVICE AGREEMENT


This service agreement (the “Agreement”) is dated 

CLIENT

VENDOR

Gym Lead Machine

409 Carysfort Road Key Largo FL 33037 Florida, USA

(the “Vendor”)

BACKGROUND

  1. The Client is of the opinion that the Vendor has the necessary qualifications, experience, and abilities to provide services to the Client.
  2. The Vendor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of with consideration is hereby acknowledged, the Client and the Vendor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

SERVICES PROVIDED

Please note: we only build gravity forms on this site option. If you have a 3rd party software that you would like to use, it is your responsibility to integrate that. Our GLM Premium Service includes a full feature CRM - please inquire about it if you are interested in something other than Gravity Forms 

  1. The Client hereby agrees to engage the Vendor to Provide the Client with the following services (the “Services”)”
    1. Templated Website Design
      1. Home page, About page, More Info page, Blog page, any pre-built program pages for core services, and any other program pages that the Vendor has built on the template.
      2. Calls to action with embedded Gravity Forms that notify one (1) email address of the website owner’s designation
    2. Unlimited copy and image updates as requested
    3. Website Hosting and SSL certificate
    4. Basic Search Engine Optimization (SEO)
  2. Client will be given admin access to the Wordpress dashboard
  3. The Client is advised to provide "@domainname" email address for overall product functionality.
    1. If the Client does not provide an "@domainname" email address they may experience email delivery issues that are out of Gym Lead Machine's control.
    2. If the Client does not provide an "@domainname" email address Gravity Form functionality will be limited to only notifying the website owner. Any leads will not receive email notifications unless the client provides an "@domainname" email address.
  4. The Services will also include any other tasks which the Parties may agree on. The Vendor hereby agrees to provide such Services to the Client.

ADDITIONAL SERVICES

  1. Additional requests or updates outside the scope of this agreement will be billed at $150/hour. These include but are not limited to:
  • Custom pages
  • Custom blocks
  • Custom blog import with custom formatting

EXCLUSIONS

We do not offer the following due to website speed, optimization and functionality of the overall product.

  1. Custom Copywriting on pages
  2. Custom website theme, templates outside the current deck, or template alterations
  3. Additional website plugins
  4. Support will not be provided for / on any third party service providers, such as booking and billing software, scheduling software, email or automation software
  5. Edits or additions to the core theme and plug-in’s are not advised and will not be managed by the Vendor. If the Client chooses to or make additional or edit the theme or plug-in’s the Vendor will not provide support on those elements. 

 GDPR/ CCPA COMPLIANCE

The Vendor stores personal data on behalf of the Client. The Client may provide lead and client data as accounts are populated. Lead, member and alumni information may be collected and stored in the software or the website. This information may include:

  1. IP Address
    2. Phone Number
    3. Email Address
    4. Name
    5. Residential Address
    6. Photos

All of the information provided by the Client, and the information that is collected during the duration of this agreement, belongs to the Client. It is the sole responsibility of the Client to ensure the data above is used in accordance with any GDPR, CCPA or similar local laws and regulations. 

If your business is located in the EU the following features will be put in place to comply with GDPR regulations:

  1. User consent to use cookies
  2. The right for a user to be forgotten 

If your business is located in California, the following features will be put in place to comply with CCPA

  1. User consent to use cookies

If there are additional measures that the client requires to be in place, it is the responsibility of the client to inform the Vendor. If there are updates or changes in the local laws and/or regulations in the Client's area, it is the responsibility of the Client to inform the Vendor of such changes. 

HOURS OF SERVICE

  1. The Vendor’s hours of service are 7 days per week 9:00- 17:00 Eastern Standard Time, excluding United States Federal Holidays
  2. The Vendor commits to 24h response time for all written notice received from the Client
  3. The Vendor commits to acting on or solving any issues within 48 hours of receiving notice from the Client

TERMS OF THE AGREEMENT

  1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for one (1) year. After the one (1) year period ends, this Agreement will remain in effect indefinitely until terminated as provided in this agreement. If the Client wishes to cancel within the one-year period a $999 cancellation fee will apply.
  2. The Client may upgrade to any of the Vendor’s products at any time, free of charge.
  3. In the event that either Party wishes to terminate this Agreement, the Party will be required to provide thirty (30) days written notice from the last billing date to the other party.
  4. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  5. This Agreement may be terminated at any time by the Client after the initial one (1) year period is complete.
  6. Upon termination of the agreement, the client understands that they will no longer be provided hosting, and as such, must either contract for a new website provider or request ownership of the site and host it on their own server. The site will be deleted from the Vendor’s server 30 days after the cancellation process is enacted. 
  7. Except as otherwise provided in this Agreement, the obligations of the Vendor will end upon the termination of this agreement.

PERFORMANCE

  1. The Parties agree to do everything necessary to ensure that the term of this Agreement take effect.

CURRENCY

  1. All monetary amounts referred to in this Agreement are in USD (US Dollars).

COMPENSATION

  1. The Vendor will charge the Client for the Services at the rate the Client is currently paying upon sign up (the “Compensation”).
  2. Invoices to the Client are due on a recurring auto-billing cycle every month.
  3. Payment is required within 2 days of the invoice date. Failure to pay will result in loss of service.
  4. Two methods of payment are required on each account: Credit Card and ACH/EFT. ACH/EFT will be the primary method of payment for all invoices.
  5. The vendor does not issue refunds for products built or services rendered.

DELIVERY SCHEDULE

  1. The Vendor will use its best efforts to complete the Services to the Client with reasonable satisfaction on or before the milestone dates. The Client agrees to timely provide Vendor with any information and materials as reasonably requested by Vendor if required to meet the foregoing delivery requirements. The delivery schedule is highly dependent on the Client providing the information the Vendor requests in a timely manner.

CONFIDENTIALITY

  1. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to proprietary to the Client including, but not limited to, accounting records, business processes, client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause hard to the Client.
  2. The Vendor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Vendor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
  3. All written and oral information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Vendor.

OWNERSHIP OF INTELLECTUAL PROPERTY

  1. All intellectual Property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be property of the Vendor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
  2. Title, copyright, intellectual property right and distribution right of the Intellectual Property remain exclusive with the Vendor.
  3. It is the responsibility of the client to ensure that the Intellectual Property complies to any local laws, by-laws and regulations put forth by their local governance. By entering into this agreement, the client agrees to the responsibility of adhering to their local laws and informing the Vendor of any discrepancies.

CAPACITY

  1. In providing the Services under this Agreement it is expressly agreed that the Vendor is acting as an independent Vendor and not as an employee. The Vendor and the Client acknowledge that this Agreement does not create a partnership nor joint venture between them, and is exclusively a contract for service.

AUTONOMY

  1. Except as otherwise provided in this Agreement, the Vendor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Vendor will work autonomously and not at the direction of the Client. However, the Vendor will be responsive to the reasonable needs and concerns of the Client.

NOTICE

  1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
  • Gym Lead Machine, help@gymleadmachine.com or through the website at www.gymleadmachine.com
    Or to such other addresses as either Party may from time to time notify the other.

INDEMNIFICATION

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successor and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which results from or arise out for any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination Agreement.

MODIFICATION OF AGREEMENT

  1. This agreement may be amended, revised, or modified. If the modifications, in our sole discretion, are material we will notify you via email notification to the email that is associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

ENTIRE AGREEMENT

  1. It is agreed that there is representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this agreement.

ENUREMENT

  1. This Agreement will enure to the benefit of and be binding on the Parties and their respective heir, executors, administrators and permitted successors and assigns.

TITLES/HEADINGS

  1. Heading are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

  1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

  1. This Agreement will be governed by and construed in accordance with the laws of the United States of America

SEVERABILITY

  1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforcement with the invalid or unenforceable parts severed from the remainder of this agreement.

WAIVER

  1. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

 

IN WITNESS WHEREOF the party has affixed their signature on this date 

 

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Signature Certificate
Document name: GYM LEAD MACHINE BASIC WODSITES TEMPLATE WEBSITE SERVICE AGREEMENT
lock iconUnique Document ID: 3be3b99bd51facf1e4a4328601b9aa08b9237c08
Timestamp Audit
8.04.21 1:30 am EDTGYM LEAD MACHINE BASIC WODSITES TEMPLATE WEBSITE SERVICE AGREEMENT Uploaded by Kaleda Connell - help@gymleadmachine.com IP 103.41.25.146