625 Marlborough Road,
Brooklyn, NY 11206
Full Business Name:
Nolasco Roofing N’ More, LLC
Individual Contact Name:
1 (936) 707-0321
PRICE PER LEAD
$175 (subject to change with written approval by both parties)
Calmyo INC, with its principle place of business in New York Brooklyn 11206, NY agrees to perform online advertising services for Client, as listed above (“Client”), using websites owned and operated by Calmyo INC.
Calmyo INC WEB PROPERTIES
The Internet properties (Domain(s)) used to advertise the Client’s business are fully owned and operated by Calmyo INC. These Domain(s) will be used to market Client’s business, and exclusively Client’s business, for the duration of this Agreement. Throughout the duration of this Agreement, and upon cancellation of this agreement by either Party, Calmyo INC retains sole, complete, and exclusive ownership of, and comprehensive rights to, any and all Domain(s) used during the duration of this Agreement to market Client’s business.
DURATION OF THE AGREEMENT
This Agreement takes effect when you click an “I Accept” button or check box presented with these terms. You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. The agreement may be cancelled or paused at anytime with 48 hours notice. Notification of cancellation must be given either via postal mail, email, or facsimile. Calmyo INC reserves the right to invoice Client for services rendered until the moment such notification of termination is received by Calmyo INC. Calmyo INC reserves the right to cancel this Agreement at any time assuming that all leads purchased by Client have been delivered.
Notices should be mailed or emailed to:
Calmyo INC will bill Client for leads delivered (as defined below) on a daily basis. Calmyo INC will send an electronic invoice via email to Client after verifying valid leads. Calmyo INC will bill Client’s credit card for leads delivered & send Client the electronic invoice. If for any reason, Client’s invoice cannot be processed using Client’s credit card on file with Calmyo INC. Calmyo INC will send Client an email notifying Client that the payment could not be processed using client’s credit card on File. In this circumstance, Client will have seven (7) days to correct the problem by making payment by, for example but not limited to, ensuring that Client’s credit card on file has sufficient funds or by supplying an alternate credit card to pay the invoice.
HOSTING, AND EMAIL FORWARDING
Calmyo INC agrees to maintain web hosting, and email forwarding (of online form submission leads and email reports to Client) for the duration of the Agreement, at no charge to Client.
A lead is defined as a contact from a potential online customer to Client, through the website owned and operated by Calmyo INC used to advertise Client’s business. Leads are delivered to Client’s business in two (2) different ways. These ways include only (1) a potential customer’s phone call to Client or Client’s business or (2) an internet form submission containing a potential customer’s contact information, sent directly to Client or Client’s business via email.
Client will have complete transparency into each lead received by Client, as Client will either receive the form submission immediately when the potential customer submits it. Additionally, upon request via phone call, email, or fax, Calmyo INC will prepare detailed, ad hoc or periodic reports with Client’s lead information to further insure transparency.
A valid lead is defined as a completed webform submission wherein a customer is contacting the client for a service client provides in an area client services.
A lead will always be automatically declared invalid for all of the following reasons:
Wrong numbers and solicitations will always be marked invalid.
Incomplete Form Submission: Any online form is submission that does not contain the contact information of a potential customer will be automatically recorded as ‘invalid’. For example, a dead phone line, a number with too few digits, or a phone number with an invalid area code will be considered invalid and stricken from Client’s invoice. Leaving a message and not receiving a return phone call will not be considered an invalid lead.
Repeat Inquiries: Any time the same customer contacts the Client multiple times in the same 90 day period, regardless of the number of contacts, Client will only be charged for one lead.
Double Inquiries: If the same individual submits both an email form submission and also contacts Client by phone, within a 90 day period, Client will only be charged for one lead.
Missed calls to voicemail or that ring or are left on hold over 40 seconds during business hours will be marked valid.
LEAD DISPUTE POLICY
If Client believes any lead was invoiced in error Client may request a re-review within 30 days of the invoice date for said lead. Calmyo INC will re-review the lead and if determined not to be in accordance with lead definition and lead policy found herein client will be refunded in the form of credit in the full amount of invoiced lead toward future invoices.
Any work product produced by Client, such as images, content, or video, will remain the sole property of the Client. In the event of termination, Client retains full and complete ownership of any work product completed by Client. All other work product, including, but not limited to, content, images, video, and design, created by Calmyo INC for the duration of this agreement will remain the sole property of Calmyo INC, with no one other than Calmyo INC having rights, title, or interest in this work product. Calmyo INC, both for the duration of this Agreement and after termination by either Client or Calmyo INC, retains exclusive ownership of, and exclusive rights to the web property or properties listed above, as well as, including but not limited to, any and all domain names, campaign materials, ad creative, graphics, URLs, and websites used to advertise Client’s business.
Any claim or controversy arising out of or relating to this Agreement, the websites owned and operated by Calmyo INC, or to any acts or omissions, for which you may contend Calmyo INC is liable, shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Los Angeles, California. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Client shall select an arbitrator from a panel of arbitrators acceptable to Calmyo INC. All arbitration costs, including the filing fee, shall be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Los Angeles, California. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Calmyo INC WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Calmyo INC goods and services you consent to these restrictions.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, the Parties agree that jurisdiction over, and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, California.
SUPERSEDES PRIOR AGREEMENTS
This agreement and all the terms thereof supersede and replace all prior agreements and understandings, oral or written, between Client and Calmyo INC.
CLIENT AGREES THAT Calmyo INC SHALL BEAR NO RESPONSIBILITY FOR PAYMENT OF WORK CLIENT PERFORMED FOR ANY CUSTOMER. CLIENT AND Calmyo INC ARE ACTING AS INDEPENDENT CONTRACTORS AND NO EMPLOYEE OF EITHER SHALL BE DEEMED TO BE THE EMPLOY OF THE OTHER, NOR SHALL BE DEEMED TO BE THE EMPLOY OF THE OTHER, NOR SHALL EITHER PARTY HAVE ANY RIGHT OR AUTHORITY TO ACT ON BEHALF OF THE OTHER BEYOND THAT EXPRESSLY GRANTED HEREIN. CLIENT AGREES THAT THE INFORMATION THAT CLIENT PROVIDES CONCERNING CLINET’S BUSINESS TO Calmyo INC IS TRUTHFUL AND ACCURATE. CLIENT EXPRESSLY RELEASES Calmyo INC FROM ANY AND ALL LIABIITIES, CLAIMS, OR DAMAGES IN ANY WAY CONNECTED TO ANY AND ALL CONTENT RELATED TO CLIENT’S BUSINESS CONTAINED ON ANY WEBSITES OR WEBSITES OR WEB PROPERTIES OWNED AND/OR OPERATED BY Calmyo INC. CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD Calmyo INC HARMLESS FROM ANY AND ALL CLAIMS BROUGHT CONCERNING OR RELATED TO CONTENT CONTAINED ON WEBSITES OR WEB PROPERTIES OWNED AND/OR OPERATED BY Calmyo INC CONCERNING OR RELATED TO CLIENT’S BUSINESS. CLIENT AGREES TO MAINTAIN THE PROPER BONDING, LICENSING, AND INSURANCE AS NEEDED FOR EACH PROJECT PERFORMED, AND NOTIFY Calmyo INC OF ANY CHANGES IN CLIENT’S BONDS, LICENSES OR INSURANCE STATUS. CLIENT EXPRESSLY RELEASES Calmyo INC, ITS EMPLOYEES, OFFICERS, AFFILIATES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, OR DAMAGES, INCLUDING NOMINAL, INCONSEQUENTIAL, AND INCIDENTAL DAMAGES, OF EVERY NATURE AND KIND, SUSPECTED OR UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED IN ANY WAY CONNECTED WITH CLIENT’S DEALINGS WITH INCLUDING BUT NOT LIMITED TO, ANY PATRON OR CUSTOMER, POTENTIAL PATRON OR CUSTOMER, SUBCONTRACTOR, HOMEOWNER, BUSINESS, ORGANIZATION, OR INDIVIDUAL. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD Calmyo INC HARMLESS FROM AND AGAINST ANY DEMANDS, CLAIMS, CHARGES, OR LIABILITY OF ANY KIND ARISING OUT OF ANY WORK PERFORMED BY CLIENT, INCLUDING, WITHOUT LIMITATION, CLAIMS BY ANY CUSTOMER, SUBCONTRACTOR, OR SUPPLIER.
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