Gotcha Local LLC User and Services Agreement
(6 month agreement)
Gotcha Local LLC, of 27762 Antonio Parkway L1-520 Ladera Ranch, CA 92694 (hereinafter the Company) agrees to deliver marketing service, to the client upon the express agreement of client to the following:
- Client agrees to pay Gotcha Local LLC a set up fee of fifteen-hundred dollars (1500.00).
- Client agrees to pay Gotcha Local LLC a monthly fee of fifteen-hundred dollars (1500.00) per month in exchange for Company rendering services on behalf of Client.
- The initial term of this contract shall be six months. Upon expiration of the initial six month period, this contract shall become a month-to-month service which can be canceled at anytime by giving 30 days written notice to firstname.lastname@example.org ATTN Billing Department.
- Fees shall be billed on the day of enrollment then monthly on the anniversary of the date of Client’s enrollment with Company. In the event of a cancellation of service, Client shall be billed a pro-rata amount representing the percentage of service provided over a 30 day period.
We guarantee that you will make a 200% gross return on your investment during this contract providing:
First, that within the first 7 days you submit:
- Client survey
Second, that within the first 14 days:
- The site we build, once built becomes your primary site
Third, that within the first 30 days you submit the minimum materials we ask for including:
- (1) Doctor video
- Control of your businesses “Google Places Page Listing” which must contains the site we build
Fourth, that within the first 180 days you submit the minimum materials we ask for including:
- 10 blog entries (see member’s section for instructions on blogging correctly)
- 10 Google Places Reviews
- 10 Ratings on your site that we build
Lastly, that for the term of this agreement:
- make all monthly payments on time
We will provide all needed training and support to help you with providing us these items.
If you do the above we guarantee that you will make a 200% gross return on your investment in the first six months in terms of money from the new patients you get from this marketing based on the money you pay to Gotcha Local LLC or we will continue to deliver our services [website, hosting, video marketing, pay-per-click management (not including the pay-per-click cost), press releases, blog, landing pages and social media training] until you do!
Terms and Conditions
- It is expressly understood by Client and Company that despite the best efforts of Company, the results of the efforts and activities of Company cannot be represented and that Company makes no representations or warranties of the success of said efforts and activities beyond the satisfaction guarantee.
- Client acknowledges that the Company will purchase a domain which client will get to use along with a website provided. The domain and website shall remain the exclusive property of Company and stay with Company after termination of any agreement between Client and Company. The domain can be purchased from the company at the end of the contract for $99 or appraised value, which ever is greater. Client must request to buy domain at the time of cancelation or forfeits the right to buy the domain.
- Client agrees not to release any trade secrets learned from Company to anyone else outside Client’s employment.
- Company accepts no responsibility for policies of PPC Advertising Networks, third-party search engines, directories or other web sites (“Third-Party Resources”) that Company may submit to with respect to the classification or type of content it accepts, whether now or in the future. Customer’s web site or content may be excluded or banned from any Third-Party Resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third-Party Resources under this Agreement.
- Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 position, consistent positioning, “top 10 positions” or specific placement for any particular PPC keyword, phrase or search term. Customer acknowledges that Company’s past performance is not indicative of any future results Customer may experience.
- Customer acknowledges that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion. PPC Advertising may be subject to the individual advertising network’s policies and procedures. Each edit or change made to any resources employed by Company may repeat these inclusion times.
- Customer acknowledges that the website, all content written and video, all tools supplied by Gotcha Local are the sole property of Gotcha Local and that client has no rights to use or reproduce said materials in anyway during or after the time working with Gotcha Local.
- Customer acknowledges that PPC advertising networks or search engines may drop listings from its database for no apparent or predictable reason. Company shall re-submit resources to the search engine based on the current policies of the search engine in question and whether pay inclusion programs are being used.
- Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the PPC Campaign and Strategy and the execution thereof under this Agreement. Customer acknowledges that Company may not become aware of changes to Third-Party Resources, industry changes or any other changes that may or may not affect PPC campaign or other SEO services.
- Customer acknowledges that some of the Third-Party Resources only offer paid inclusion programs that require a fee or continued maintenance or performance fees. Customer is solely responsible for all paid inclusion fees and must maintain adequate funds in any Third-party accounts in order to maintain inclusion in these resources.
- Customer shall defend, indemnify and hold harmless Company against all liability, loss and expense, including actual attorney’s fees, and expenses, in connection with any claim, demand, action or causes of action asserted against Company, without limiting the generality, for any injury to or death of any person or for loss or damage to any property where such injury, death, loss or damage, however caused, results from or occurs in connection with the performance of any work, services or activities hereunder, except that Customer shall not however be required to indemnify Company for the sole or willful misconduct of Company.
- This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
- Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
- Company’s services are not the provision of legal advice. Client retains sole responsibility to determine whether any and all marketing concepts are in compliance with HIPAA privacy laws and state regulations.
- THE MAXIMUM LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENTS MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO GOTCHA LOCAL INC HEREUNDER. IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, AND AFFILIATES BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY THE COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.