Terms and conditions
Terms and Conditions – 98err.com
Services to be performed. 98err.com agrees to perform Marketing services (the “Services”) on Buyer’s behalf, according to the Services selected as part of this online sign-up process. 98err.com agrees to provide the Services to Buyer each month in exchange for the fees set forth in this online sign-up process.
Terms of Agreement. This Agreement will become effective and is fully executed when the Buyer (or sales representative on the buyer’s behalf) checks the box acknowledging that he/she has read and agrees to the terms and conditions contained in this Agreement on our questionnaire, provides payment, as well as provides his/her name at the final stage of this online process representing his/her digital signature thereon. By providing payment information, the buyer “opts in” to the 98err.com Terms and Conditions. The Term of this Agreement begins from its date of execution and shall continue on a month-to-month basis until such time as the date a party terminates this Agreement as provided below.
Termination of Agreement. This Agreement is month-to-month, and the Agreement and Monthly Fee shall continue until 30 days after either party provides the other with notice of intent to terminate. Termination can be done by logging into the customer portal on 98err.com and or shall be given in writing, by Buyer to 98err.com at 45 S. Arroyo Parkway Pasadena, CA 91105 or by email to: email@example.com; or by 98err.com to Buyer at the street address or email address provided by Buyer during the sign-up process, or to Buyer’s updated street or email address as provided in writing by Buyer to 98err.com thereafter. 98err.com is entitled to one final payment after buyer cancels, if the bill date is within 30 days of cancellation date as shown in these Terms & Conditions, on the payment Portal and on the Buyer’s receipt. For Website Store agreements, pre-Term termination is not available; see below.
In consideration for the Services to be performed by 98err.com, Buyer agrees to pay 98err.com a content management monthly Fee for the duration of the term. The first Monthly Fee are due upon execution. The second Monthly Fee shall be paid one month after this Agreement is executed, and subsequent Monthly Fee payments shall be paid by the same day each successive month.
Late Fees. Late payments by Buyer shall be subject to late fees of 1.5 % per month from the due date until the amount is paid. Any EFT payment returned or rejected by Buyer’s bank shall be subject to a $30 NSF fee payable by Buyer to 98err.com. 98err.com has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 5 days.
Intellectual Property Ownership. 98err.com will provide Buyer its marketing systems, procedures and/or other expertise (“Work Product”). 98err.com grants Buyer a royalty-free non-exclusive worldwide license to use the Work Product for the purpose of marketing and selling Buyer’s products and services. The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due 98err.com under this Agreement. 98err.com retains all other rights, title, and interest.
98err.com Reusable Materials. 98err.com owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement’s date of execution (“98err.com’s Marketing’s Materials”). 98err.com may include 98err.com Materials in the work performed under this Agreement. 98err.com retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in 98err.com Materials. 98err.com grants Buyer a royalty-free non-exclusive license to use any 98err.com Materials incorporated into the work performed by 98err.com under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by Buyer.
Exclusive Agreement, Modifications, Waivers, Severance. This is the entire Agreement between 98err.com and Buyer. Any modifications to this Agreement must be in writing, and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Limited Liability. 98err.com total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by 98err.com under this Agreement.
NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER’S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.
Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient’s address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated on this Agreement; or, When sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
No Partnership. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other’s behalf.
Applicable Law and Venue. The laws of the State of California shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in Los Angeles County, California and both parties expressly submit to the jurisdiction of the state and federal courts located in Los Angeles County, California.
7 Day Free Trial Promotion Terms.
The free 7-day trial subscription to 98err.com (“Trial Subscription”) gives you 98err.com package details during the Trial Subscription period. As part of the enrollment process for the Trial Subscription, you will be required to pick a subscription package and submit a valid credit card for payment. If you do not cancel your subscription before the end of the 7 day Trial Subscription period, you will be billed for the subscription package to 98err.com that you selected during the Trial Subscription registration process. Upon the completion of your Trial Subscription period, you will be automatically billed for a 98err.com subscription for the term and rate you selected when you signed up for your Trial Subscription unless you cancel your subscription. Thereafter, until you terminate your subscription, your subscription will be automatically renewed at the conclusion of each subscription term at the same subscription rate you initially selected. In order to avoid a subscription charge following completion of your 7-Day Trial Subscription, you must cancel your Trial Subscription prior to its conclusion (that is, before the end of the trial 7 day period) by logging into your account and cancelling it or by emailing your cancellation request to firstname.lastname@example.org. Once a subscription is renewed it cannot be refunded under no circumstance and the buyer will be required to accept all content/work owed for that period of time.