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The Customer is entering into an agreement, with Mobile Media Plus to perform the services purchased and develop the project as described. The following is mutually agreed upon and executed by both parties per the purchase and date of these terms and conditions.
CUSTOMER/BUSINESS RESPONSIBILITIES
- Customer agrees to pay the Service Amount (s) shown and along with the 1st payment of the 12-Month, Monthly Hosting, Licensing, Maintenance & Storage Fees.
- The Customer will provide Mobile Media Plus with a complete overview of the project and example(s) of similar projects and designs (if available) in a timely manner (i.e. within the First 10 days) of this purchased service. If Mobile Media Plus does not receive the complete overview and example(s) or design ideas within the first 10 calendar days of the signing of this agreement Mobile Media Plus is not responsible for the Estimated Timeline for Delivery of services and not subject to any breach of this agreement or required to refund the purchased Amount.
- By purchasing this Services Agreement, the Customer is agreeing the initial 12-month Service Agreement and after the initial 12-months this Service Agreement the Monthly Service Agreement automatically becomes a month-by-month Service Agreement for the Monthly Hosting, Licensing, Maintenance & Storage Fees listed above (which are subject to change at any time).
- Additionally, the Customer purchasing this service will also provide all content, they own the rights to whether that content is;
- Images
- Written Copy
- Videos
- Quotes
- Reviews
- Or other assets that are part of this project.
- Mobile Media Plus will not be liable for any fines, fees or judgements of any material provided by the Customer that is owned by another party that may be subject to any legal judgement.
- If Mobile Media Plus is required to use any Royalty Free Images, Videos or Other Materials Mobile Media Plus will list those credits on a publicly available “Credits” Page that will be shown on the website, app, or other developed materials
- It is the Customer’s responsibility to upload their own blog posts, inventory items, inventory descriptions, pricing, images, calendar events with the access the Customer has to the backend of the website, app, software or other services. Customer further agrees not to add any additional, pages or software which has not been approved by Mobile Media Plus. Mobile Media Plus will provide up to 3-hours of personal training on how to use the website, app, software or services included in this Service Agreement. Additional training time will be billed and the current Mobile Media Plus rate.
- The Customer is responsible for providing all access credentials to third party assets (i.e. Domain Registrar, Payment Processor, Email Service Providers, Booking Services Providers or other connected assets). If and only if the Customer is not comfortable completing the required connections between those services providers and the developing project. Additionally, Mobile Media Plus WILL NOT provide any maintenance or update type services on any other platforms that Mobile Media Plus does not own the access rights to. The Customer will have to contact those service providers and work with them to correct, update or fix any issues that arise while connecting to the Mobile Media Plus designed, developed assets for this project.
- Any Third-Party Software or Services purchased in connection with the development of Service Agreement will remain licensed to Mobile Media Plus if and only if the software has annual or semi-annual fees that are required to be paid by Mobile Media Plus on behalf of the Customer’s project or service. If the software is a one-time purchase, then the software will be turned over to the Customer at the end of the Service Agreement with Mobile Media Plus so as long as the Customer does not owe Mobile Media Plus any fees and has submitted Mobile Media Plus with a 30-day Cancellation notice and has received an acknowledgement of receipt by Mobile Media Plus.
- The listed Monthly Hosting, Licensing, Maintenance & Storage Fees will be agreed to and initiated upon the signing of this agreement and will be paid via the automatic payment method on file or listed below. If your Monthly Hosting, Licensing, Maintenance & Storage Fees are NOT collected on the due date you will have 7 calendar days to update your account and pay your overdue Monthly Hosting, Licensing, Maintenance & Storage Fees. If those fees are not paid, the account will be suspended after the first 7 calendar days (of non-payment) and a 10% reconnection fee will be applied to your overdue balance. Furthermore, if the Customer’s Monthly Hosting, Licensing, Maintenance & Storage Fees remain not paid for more than 30 Calendar Days the Customer’s Services Agreement will be terminated and the Customer’s project will be deleted from the Mobile Media Plus system.
- The Customer MUST provide Mobile Media Plus the opportunity to resolve any software integration issues that may arise during this project. Sometimes compatibility issues arise with updates to third -party systems and the Customer must allow Mobile Media Plus to resolve any issues within a reasonable amount of time including by not limited to 30 calendar days as long and the issue does not affect the primary usage of the website, app, software or services.
- It is the Customer’s responsibility to communicate with Mobile Media Plus. Mobile Media Plus is Available Monday through Friday from 9 am to 5 pm EST for Phone Support. Mobile Media Plus only monitors emails after-hours for emergency situations (i.e service outages) and will respond to those emails on a case-by-case bases.
- No Response Situation: In case of no response from the Customer for 7 Calendar Days despite reminders (i.e. phone call, emails or text messages) from Mobile Media Plus. Mobile Media Plus will suspend the project development and add a reactivation fee of 10% of the Initial Development Fee, this reactivation fees will be required to reactivate the project and continue developing this project.
- Hosted Projects: Mobile Media Plus ONLY works on Projects hosted on the Mobile Media Plus dedicated servers and NOT on any other hosting service providers other than Apple iOS Servers and Android App Servers
- 30-Day Cancellation Notice: Anytime after the initial 12-Months Monthly Hosting, Licensing, Maintenance & Storage Service Agreement. The Customer’s signature below indicates, the Customer hereby agreeing that the Customer will submit a 30-Day Cancellation Notice that is to be submitted in writing and sent via postal mail, email or text message AND the Customer must receive a non-automated acknowledgement from Mobile Media Plus that Mobile Media Plus has received the Customer’s 30-Day Cancellation Notice. If the Customer submits a 30-Day Cancellation and DOES NOT receive a non-automated acknowledgement that Mobile Media Plus has received the Customer’s 30-Day Cancellation Notice, the Customer’s 30-Day Cancellation Notice has NOT been received and is not valid.
MOBILE MEDIA PLUS RESPONSBILITES
- Mobile Media Plus will not copy any design examples but may create similar designs for the Customer’s project with the Customer’s approval prior to the Final Publishing.
- Mobile Media Plus will not disclose any project information (of any kind) to any party without the Customer’s Approval either written or verbally.
- Mobile Media Plus will diligently work on the Customer’s project listed above with assets, resources and examples that have been provided by the Customer to complete the project by the Estimated Timeline for Delivery. If the Customer does not provide any or all assets, resources, design examples, for Mobile Media Plus to complete the Customer’s project outlined above, Mobile Media Plus may suspend the project and no refund of any kind will be provided.
- If Mobile Media Plus is required to purchase any third-party software or services to complete the Customer project if those services have annual or semi-annual renewals, that software and services will be licensed to Mobile Media Plus on the Customer’s behalf for the Customer’s project and only the Customer’s project listed above. If the Customer cancels the initial 12-Month Service Agreement prior to the completion of the initial first 12-months, the Customer will not be refunded for the cost of any of that software or those services.
- Mobile Media Plus will use all its talent, resources, services and experience to develop the project as the Customer has envisioned and outlined with Customer’s delivered overview, description, resources and examples.
- Mobile Media Plus will ALWAYS retain the licenses and ownership for the website & app design code and software developed for this project with the content of this project always belonging to the Customer. Mobile Media Plus will offer a Licensing “Buy-out” upon written request only after the initial 12-month Service Agreement.
- Mobile Media Plus has one main objective, and that is to deliver the project, services and or assets, listed above the Customer has requested Mobile Media Plus to develop. We are not interested in entering into any other type of agreement or relationship outside of what is contained within this Service Agreement.
- The section below the line below is intentionally left blank for notes and agreed to additional services or add-ons after this agreement has been electronically signed and dated.
This is the entire Terms & Conditions of the Service Agreement, and no part of this agreement will be interpreted in anyway than what is documented within this Service Agreement. The Purchaser by making their payment indicates they have agreed to these Terms and Condition within this Service Agreement. This agreement is only fully executed once the Purchaser of this agreement, has agreed to and purchased the development service and their payment has been received by Mobile Media Plus.
Disclaimer: Mobile Media Plus does not guarantee that your business profile pages will be indexed or displayed by major search engines, because we do not influence or control the way search engines parses the businesses information. In fact, we have no privileged access or insight into the systems and methods search engines uses to prioritize, organize, or select data. Our role is to make your data available, using trustworthy collection methods that comply with all applicable laws and best practices.
The Purchaser hereby authorizes Mobile Media Plus to charge the payment method attached to this purchase. Monthly Hosting, Licensing, Maintenance & Storage Fee will be charged automatically unless notified by the Customer as to other payment arrangements. If Customer chooses to pay by check, the Customer must pay annually.