SERVICE AGREEMENT

 

 

This service agreement ("Agreement") is made between Hometown Solutions, LLC ("HTS"), a Missouri limited liability company and You ("Client"). HTS operates lees-summit.com ("Website") and Client wishes to advertise on the Website. The parties therefore agree as follows:

1. Description of Services. HTS shall provide one of the following local internet advertising services (the "Plan") to Client on the Website:

Bronze Member Plan: Provides clients with priority placement on product/service pages, a link to their website on the search result pages, and a Quick Reference page. The features of the Quick Reference page may be changed from time to time as the product evolves. In addition client has the option of inclusion in the Local City Network of websites under the same product/service pages for all cities in the same county of Websites city origin.

Silver Member Plan: In addition to providing client with all bronze features silver membership allows client access to place a rotating 700 X 150 pixel banner above the Product/Service pages chosen on Website.

Gold Member Plan: Includes all features in bronze & silver memberships. Gold members may also place a rotating 150 X 150 pixel banner on the front page of Website.

 

2. Contract Period. This Agreement shall be effective (the "Contract Period") from the date on which Client submits listing on-line, for a period of one year thereafter or until Client cancels membership (Month to Month & Weekly Memberships only). (See section 4 below)

 

3. Payment Terms and Refund Policy. Client shall pay HTS, upon activation of the Plan, pursuant to the following payment schedule:

Credit Card Monthly: HTS will charge Client’s credit card each month on the date this order is created. If the creation date falls after the 28th of the month, then the billing date will be the 28th of each month.

Credit Card Annual: HTS will charge Client’s credit card the entire yearly Plan amount upon activation of the Plan. If Client has not instructed HTS to renew the annual account before the end of the Contract Period, the account will be converted to a monthly account, at the then current monthly rates.

Check Monthly: HTS will mail an invoice to Client on the 15th of each month. Client shall pay HTS by the 15th of the following month. HTS will charge Client a $5.00 late fee for each late payment. HTS will suspend any account that is overdue 60 days or more.

Check Annual: The entire annual Plan amount will be due upon activation of the Plan. Client will receive an invoice at least 30 days before the end of the Contract Period. Prior to the end of the Contract Period, Client shall have the option to renew this Agreement for one additional year at the then current rates.

 

4. Term and Termination. After expiration of the Contract Period, this Agreement shall automatically renew for an additional one year at the then current service rates. After expiration of the Contract Period, either party may terminate this Agreement with 30 days written notice to the other party. HTS, in its sole discretion, may immediately terminate this agreement and remove Client’s listing from the Website if HTS concludes that the Client has provided false information to HTS, that Client is engaged in fraudulent or illegal activities, or for any other reason.

 

5. Disclaimer of Warranties and Liability for Breach. All services provided by HTS under this Agreement are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. HTS does not guarantee specific placement or inclusion of Client in any search engine or ad outlet, nor does HTS guarantee that any specific search phrase result page will be listed on any specific ad outlet or search engine. HTS liability to Client shall not exceed the amount actually paid by Client to HTS during the Contract Period. HTS shall be entitled to all costs of enforcement, including attorney’s fees, in the event of Client’s breach of this Agreement.

 

6. Indemnity. Client agrees to indemnify, defend and hold harmless HTS, its officers, employees and agents, from any claim or demand, including attorney’s fees, made by any third party due to or arising out of Client’s use of HTS services.

 

7. Force Majeure and Events Beyond Control. HTS shall not be liable for any delay or failure in performance under the Agreement, resulting directly or indirectly from acts of nature or causes beyond HTS’s reasonable control.

 

8. Choice of Law and Venue. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Missouri, Jackson County, at Independence.

This document was last modified on 11/18/05

Revision #4