1. SERVICES PROVIDED: The Client, by executing this agreement, hereby acknowledges that the Client has purchased from AJWilder services as described herein and guaranteed deliverable, exclusive of content, which is solely the Client’s responsibility. Ongoing use and access of the SMPL System is based on a monthly fee for a term which is renewable automatically month to month thereafter subject to termination with proper notice. AJWilder is web based management system, which is Software-as-a-Service (SaaS). You are not buying any part of AJWilder, but rather services provided. AJWilder tools and services enable you to better manage and market your organization. This is a member/service dating management, marketing tool, CRM, event calendar with many automated options, website content manager, public website, and a database that includes options for automated scripting for marketing campaigns and various other features including the following:
a. Assume hosting of your existing URL with full integration to the SMPL System, your website, and
b. Transfer or acquire a new URL for Client with an appropriate and available address, and
c. Populate search engines with Keywords and phrases based on client content and submit to search engines, and
d. Manage Clients domain and its appropriate setting for safe email deployment with our ESP, and
e. Complete User Training on the SMPL System by webinar to aid with operating business.
2. ADDITIONAL MONTHLY SERVICES: Additional services are provided for the monthly rate contained herein for period of (1) one-year starting today. This is renewable automatically year-to-year at the contract rate annually thereafter.
a. Host Clients website including all security, bandwidth and MB required, email marketing platform, and
b. Manage Client’s, patron data base, provide SMPL System SaaS Software, and
c. Populate search engines with effective and requisite data bi-monthly, and
d. Review and edit Client uploads for content and accuracy during initial set up, and
e. Administrate Clients payments merchant gateway should Client elect to provide merchant account and gateway, and (AJWilder integrates with Authorize.net)
3. DESCRIPTION & COST OF SERVICES: The Buyer has purchased Company’s services as described above and as provided on the AJWilder website describing the use and functionality. The Client acknowledges that the Company has made no promises or guarantees other than to services outlined herein.
4. ADDITIONAL FEES: AJWilder reserves the right to bill Client additional fees, not outlined elsewhere in this agreement, that are incurred by AJWilder on behalf of Client, including, but not limited to; a) SSL Certificate verifying encryption of data, b) Domain Management, c) Certified Domain Validation if requested, d) additional Domain Re-direction, and e) images if requested. F) Mass marketing email is purchased at standard market rates as posted to our website www.ajwilder.com/emailpricing g) Programming requests are billed at an hourly rate of $95.00. h) Website content writing and fulfillment preformed with no programming are billed at the hourly rate of $75.00 per hour. Hourly rates are subject to change, but guaranteed for one year starting as of the date of this contract. I) increased usage requires dedicated services; gauged by traffic and database size.
5. ANCILLARY FEES: Additional fees (as described in section “3”) are paid when services are rendered
6. PAYMENT METHOD All payments will be paid by electronic funds transfer (preauthorize payments), in accordance with the terms contained herein. Buyer authorizes holder of this agreement to cause such payments.
Your electronic signature provided indicates that you have read the entire agreement, and that you have received a copy of the agreement by printing or it will be emailed at conclusion of submitting payment information.
AJ WILDER TECHNOLOGIES TERMS AND CONDITIONS
ATTENTION: THIS AGREEMENT GOVERNS THE SERVICES PROVIDED TO YOU BY AJ WILDER TECHNOLOGIES. THIS AGREEMENT CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
This Agreement is made between AJ Wilder LLC., ("we", "us", “our”, “AJWilder”, or “Company”) and you, (“Client”, “You”, “Your”, or “Buyer”). PLEASE READ IT CAREFULLY BEFORE ACCEPTING OR USING PRODUCTS FROM AJ WILDER TECHNOLOGIES. BY CONTRACTING AJ WILDER TECHNOLOGIES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROCEED WITH THIS SERVICE.
1. AJ WILDER TECHNOLOGIES SERVICES: AJWilder is a web based management system, which is Software-as-a-Service (SaaS) platform. You are not buying any part of AJ Wilder Technologies or AJWilder, but rather services provided by AJ Wilder Technologies. You are purchasing use and service of AJ Wilder Technologies tools and services, on a monthly basis to better manage and market your company/organization. This is a management, marketing tool, CRM, with many automated options, website content manager tools, public website, and a database which we will provide options for automated scripting for marketing campaigns and various other features.
2. WE ARE NOT RESPONSIBLE for the functionality of, nor defects in any third party software or any of your hardware. You acknowledge and agree that, for any dispute by you against a Third Party Licensor and not against us; you shall pursue your dispute directly against Third Party Licensor without naming us as a party to that dispute and agree to hold us harmless.
3. CLIENT RESPONSIBILITIES: Client acknowledges his/her responsibility to: (a) Notify Company of any change in Clients ownership and or financial responsibility, (b) Provide the Company with graphics, logo, images, existing web administration and access, (as necessary), (c) Provide timely payment for services via preauthorize payment with approval contained herein, and (d) Client is solely responsible for the accuracy of the information you enter into AJ Wilder Technologies or your software with which AJ Wilder Technologies interfaces. You are responsible for compliance with all local laws applicable to email and data collection.
4. SPAM REGULATIONS: AJ Wilder Technologies will not willingly violate or abuse any email address contained in your database and will take corrective measures when the Company deems necessary and/or appropriate.
5. BACK UP: You are solely responsible for all backup of data and software of all type and descriptions that are located on your computer(s) located at your office(s). We are not responsible in any way for loss of your data on computers located at your office(s). The content within our tools is secure and maintained on our servers, as we are a web-based company. Our service requires an Internet connection to access our system with your user name and password.
6. TAXES: We are required to pay or collect any federal, state, local, or any other tax on fees charged under this Agreement, or any other similar taxes or duties levied by any governmental authority, excluding taxes levied on our net income, then such taxes and/or duties will be billed to and paid by Client immediately upon receipt of our invoice and supporting documentation for the taxes or duties charged. Taxes collected are paid in accordance with the jurisdiction of New York State Tax Code.
7. ACCESS RIGHTS AND CONTROL: During the term of this Agreement, you have a limited, revocable, non-transferable and non-exclusive license to use AJWilder Technology tools and services.
8. SECURITY AND PROPER USE: You are responsible to ensure that each of your system users: (a) are responsible for the security of their user name & password, (b) will not disclose log-in identifier to any person or entity, (c) will not permit any other person or entity to use the user name & password, (d) use the software consistent with your rules, and (e) use the software in accordance with the terms and conditions of this Agreement.
9. PRIVACY: AJWilder guarantees to maintain Client confidentiality and not sell, share, distribute, or compromise Clients customer file, financial records, or any other information to any third party for any reason.
10. WEBSITE HOSTING & STORAGE: AJWilder will host our client website (if applicable) and database including security, disaster recovery, and redundant back-up services, bandwidth.
11. TRAINING & EDUCATION: Client agrees to participate in four AJWilder live training webinars, available to unlimited Client participants, on: a) Website content management, b) Database management, c) Marketing and d) Processes and functionality.
12. CANCELLATION: After the initial contract term, at any time with 30 days written notice delivered US Certified Mail, you may cancel the monthly services. Upon such cancellation, provided all billed fees are paid in full, the Company will provide all content, domain ownership, Client provided graphics, and data, to the Client. The website template and functionality tools remain the property of the Company.
13. SUSPENSION OF SERVICE: We reserve the right to deny, suspend or revoke access to our server in whole or in part, if we believe there is a material breach of this agreement. In the event of material breach, we will make reasonable efforts to notify you of said breach and we will provide reasonable time to resolve said breach. You agree to make best efforts to resolve said breach to the satisfaction of AJWilder. If said breach is not rectified to AJWilder’s satisfaction, we reserve the right to pursue all remedies available to AJWilder both within this contract and under the law.
14. RIGHT TO CONTINUE SERVICE: All payments are due on the first day of the month, in advance of service for the month. All payments are due by credit card or ACH draft. If your credit card or ACH draft declines, the Company reserves the right to suspend your service if not corrected within ten business days after notice of such failure, until payment made. By accepting this agreement and providing credit payment information, you authorize us to charge it for the services obligated. This includes monthly fees, additional services or purchases made on your behalf by the Company.
15. DEFAULT: If Buyer or Client defaults on any payment due under the contract for services and incorporated schedules, time being of the essence hereof, any deposit shall be deemed forfeited and non-refundable. Additionally, if Buyer or Client defaults on any payment due under the contract for services and incorporated schedules, time being of the essence hereof, without notice or demand AJWilder may declare the entire principal sum accelerated to its fullest term, immediately due and payable.
16. AVAILABILITY: We shall use commercially reasonable efforts to keep the servers and AJ Wilder Technologies software available on a 24 hour a day, 7 day a week basis, subject to call black-out periods as posted, scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. You understand that we are not responsible for the Internet, your access to the Internet or the operation of your hardware and we shall not be liable to you if you cannot use our services for any of those reasons. In addition, if you cannot use our server or AJ Wilder Technologies for any other reason, our liability to you for damages of any kind will not exceed an amount equal to the fees paid by you to us. Our liability to you is limited further by the capitalized paragraphs below, please read them carefully.
17. NON-WAIVER: The failure of AJWilder Technologies to require performance of any provision of this agreement shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
18. DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY SET FORTH ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OR RELATING TO AJWILDER TECHNOLOGIES AND ANY OF ITS SERVICES AND/OR ACCESS TO OR USE OF OUR SERVER UNDER THIS AGREEMENT. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE ALSO DO NOT GUARANTEE THAT YOU’RE ACCESS TO THE SERVER, AJ WILDER TECHNOLOGIES OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT OF INTERNET WEBSITES OR OTHER DATA RECEIVED BY YOU VIA THE INTERNET. YOU ARE FULLY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS & REGULATIONS AFFECTING YOUR BUSINESS, INCLUDING HIPAA & FINRA.
19. LIMITS OF LIABILITY: Client agrees that the maximum liability which AJWilder can be responsible is equal or less than the most recent 90 days in paid billing by Client.
