THESE TERMS AND CONDITIONS HEREIN, TOGETHER WITH ANY AND ALL RELATED INSERTION ORDERS AND/OR ONLINE ORDER FORMS (hereinafter singly referred to as the "IO" and collectively referred to as the "IOs") TOGETHER CONSTITUTE THE AGREEMENT (the "Agreement") APPLICABLE TO THE PURCHASE AND SALE OF LEAD GENERATION AND REFERRAL SERVICES AMONGST YOU ("Customer", "you" and/or "your") AND BESTKITCHENREMODELSGURUS.COM GROUP, INC. ("BESTKITCHENREMODELSGURUS.COM", "Company", "us", "we" and/or "our"). BY ORDERING AND ACCEPTING THE SERVICES, CUSTOMER AGREES TO THE FOLLOWING TERMS AND CONDITIONS.
YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM COMPANY, OR ITS PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THEN YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR MOST OF OUR SERVICES CAN BE FOUND AT BESTKITCHENREMODELSGURUS.COM.
Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether any such changes apply to both existing or future customers. Company may make changes or modifications to referenced policies or guidelines without notice to you. Your continued use of the Services following Company's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Services. Company will provide you with the following Services (the "Services"): Company will include information about you in its database (an "Entry), accessible to Company users through one of its websites ("the Website"), and, in some cases, by other means. Company shall have the right to carry out a screening process that may include, but not be limited to, identification verification, credit checks, and Better Business Bureau or other consumer protection related, reports of the Customer. Company reserves the right to refuse any such request or to cancel any Entry for any reason, including, but not limited to, Customer's failure to provide sufficient or satisfactory information to create an Entry, Customer's failure to pass Company's screening process, or Customer's failure to fulfill the obligations set forth in this Agreement.
The Entry will consist of the selected information you provide to Company. Content of the Entry shall be at the sole discretion of the Company. You agree to provide true, accurate, current, and complete information about the your business as requested by Company during the application process.
After inclusion of the Entry in the Customer database, Company, in its sole discretion, will forward contact information for business prospects that Company determines relevant to Customer ("Leads"). Company shall forward Leads to Customer in accordance with the program type selected by Customer ("Program Type") and preferred method specified by Customer in the IO. The Company shall maintain a system of tracking the number of Leads Company delivers to Customer, and that tracking system shall be the sole determiner and final authority with respect to the number of Leads Company has delivered to Customer. The Leads will contain information sufficient to permit Customer to make contact with Leads ("Lead Information"). Lead Information may include, but might not necessarily be limited to, a telephone number, facsimile number, or e-mail address.
2. Payment for Services. Customer shall pay Company for the Services in accordance with the Agreement. All rates are stated net of all applicable federal, state, and local taxes. On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at Company's request. A (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment. Payment is late on the fifth (5th) day after the billing date defined in the IO. Company may change any fee, rate, or plan at any time upon Notice to Customer in accordance with Section 13 herein. Customer understands that fees paid for the Services are nonrefundable. Customer acknowledges and agrees that all monthly fees referenced in the IO are to be recurring transactions billed on an ongoing basis until the Agreement and/or IO is cancelled by either party hereto in accordance with its terms.
For instances where Customer is purchasing Leads from Company on a per-Lead basis, Company at its sole discretion, may allow Customer to deposit funds with Company in advance to be used for the future purchase of Leads (the "Lead Bank"), whereby payment for Leads may then be deducted from the Lead Bank until the Lead Bank is either exhausted or replenished by Customer. Customer acknowledges and agrees that all funds deposited into the Lead Bank are nonrefundable and that upon termination of this Agreement the Lead Bank is forfeited along with any and all sums held therein, whereby the Lead Bank and any and all related sums are to be the property of Company and not returned or refunded to Customer.
This Section shall survive the termination of this Agreement.
3. Lead Returns. Lead returns are subject to Company's sole discretion and will be considered by Company under the following circumstances only: (1) Lead is a duplicate of a Lead previously provided to Customer by Company; or (2) Lead Information includes a disconnected or otherwise invalid telephone number.
All Leads delivered to Customer are deemed accepted unless, within forty-eight (48) hours from the date that Company delivers Lead to the Customer, Customer requests to return the Lead for one of the reasons stated above. Lead return requests must be made to Company's customer service support. In the event that Customer fails to request a Lead return within forty-eight (48) hours of delivery of the Lead, Company shall have no obligation to process a return.
In the event that Company permits Customer to return a Lead, Customer shall be entitled only to a credit or replacement Lead. Refunds will not be granted for Lead returns.
4. Representations and Warranties. Customer represents and warrants that (i) all of the information provided to Company is current, truthful and not misleading or fraudulent, (ii) the Customer is, pursuant to any applicable federal or state law, regulation or licensing requirement, authorized to provide the services included in the Customer's Entry, (iii) the Customer's storage, use, dissemination and transmission of any Lead Information and its communications with the Leads will be consistent with all applicable laws, rules and regulations, and (iv) the Customer will perform all services related to Leads in a professional manner and in accordance with any applicable law, rule, regulation, or licensing requirement.
Customer agrees to use its best efforts to respond to every Lead within twenty-four (24) hours, and, in any event, not more than forty-eight (48) hours.
Customer agrees not to distribute, re-sell or otherwise transfer any Leads or any Lead Information to any third party, without Company's express written consent.
5. Indemnification. Customer shall defend, indemnify and hold harmless Company, its affiliates and subsidiaries, and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "Indemnitees"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees and costs) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in this Agreement, (ii) services provided, or not provided, by the Customer to any third party as a result of accepting the Services, (iii) claims or actions of third parties alleging unfair or deceptive trade practices or false advertising in connection with statements or claims made by Customer in connection with the Services or Customer's acceptance of the Services, (iv) any claim or action or dispute between Customer and any third party in connection with the Services or Customer's acceptance of the Services (including, but not limited to, Customer's work performed for any third party as a result of accepting the Services, or any third party's payment or failure to pay for Customer's services). This provision shall survive the termination of this Agreement.
6. Disclaimers. Company makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to any information or services provided through any communications, including but not limited to, the Website, email, phone or fax.