Paulk Marketing – Terms & Conditions
1. Definitions. “Agreement” is the signed contract, agreement, change order, or other binding document that references these Terms and Conditions. “Paulk Marketing” means Paulk Marketing, LLC. “Client” means a party that has signed an Agreement with Paulk Marketing.
2. Independent Contractor. Client is engaging Paulk Marketing as an independent contractor for the specific project outlined in the Agreement.
3. Warranty. Paulk Marketing does not warrant the number of sales per visitor that the Purchaser will make or the traffic or number of visitors that will visit Purchaser’s specified website. Paulk Marketing expressly disclaims and excludes all express and implied representations and warranties, whether statutory or otherwise. The Parties agree that, except as may be expressly provided in this Agreement, neither has made or makes to the other any representations or warranties respecting the compensation that the other may expect to earn or receive pursuant to this Agreement, or otherwise. Search engine optimization inherently runs risks of algorithmic changes or manual optimization actions by search engines. Paulk Marketing offers no guarantee or warranty of present or future placement, improvement or in any specific search engine.
4. Liability. Paulk Marketing’s liability for default or breach, including breach of any guarantee or warranty expressed within this Service Agreement, shall be limited to the lesser of (i) the amount actually paid to Paulk Marketing by Purchaser under this Service Agreement or (ii) ten thousand dollars. Paulk Marketing is not responsible for loss of income or projected loss of income for any reason, including, but not limited to, server failure, traffic variation, shipping cost variations, website unavailability, order decreases, search engine algorithm changes, manual optimization actions by search engines, keyword position decreases, data corruption, or data loss. Purchaser is responsible for, and Paulk Marketing has no liability for, the content, products, services, trademarks and other aspects of the website that are related to Purchaser’s business, industry, and competitors.
5. Cancellation. Client may cancel this agreement after twelve (12) months of monthly web marketing services are completed. Paulk Marketing would only require a fifteen (15) day notice of cancellation after this twelve (12) month campaign and full payment of any outstanding invoices for ongoing progressive monthly optimization services. Paulk Marketing reserves the right to cancel this agreement at any time. Upon payment for twelve (12) months of service, copyright to web copy, landing pages, design work, and created source code is transferred from Paulk Marketing to the Client.
6. Payment of fees. Payments must be made promptly. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent 60 days after its due date, an additional 5% penalty will be added for each month of delinquency. Paulk Marketing also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
7. Venue. For any action involving matters of this Agreement, venue shall lie in Atlanta, Georgia.
8. Applicable Law. This Agreement shall be governed by the laws of the State of Georgia.
9. Non-solicitation. During the term of the Agreement with Paulk Marketing and for a period of five (5) years after the Termination Date of all Agreements with Paulk Marketing, Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of Paulk Marketing to terminate his or her employment or services with Paulk Marketing or to perform any work or services for Client or any of Client’s customers, vendors, or affiliated companies.
10. Non-disparagement. During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with Paulk Marketing, Client agrees to take no action which is intended, or would reasonably be expected, to harm Paulk Marketing or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to Paulk Marketing.
11. Phone Calls. When you are in contact with us by phone the call may be monitored or recorded for quality assurances purposes. Your continued participation in any telephone conversation serves as express consent to be monitored or recorded.
12. Future Services. Future services performed for the Client as either hourly or quoted services will utilize all provisions of this Agreement unless a new Agreement is established. Paulk Marketing agrees to continue to update and adjust search optimization services and plans in continued ongoing efforts to keep your website ranking as high as possible.
13. Modification. Paulk Marketing may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of Paulk Marketing’s services and products subsequent to such a change will signify your assent to be bound by such changes. Client is responsible for periodically reviewing this website to review the current Terms and Conditions.
14. Assignment. Client may not assign any Agreement or its rights and obligations under any Agreement or Terms and Conditions.
15. Severability. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Injunction. It is agreed that if Client violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate Paulk Marketing. Therefore, Paulk Marketing will be entitled to seek injunctive relief (i.e., a court order that requires Client to comply with any and all Agreements and these Terms and Conditions) to enforce the terms of the Agreement and these Terms and Conditions. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing all Agreements and Terms and Conditions.
17. Survivability. Sections 8 and 9 of these Terms and Conditions shall survive any termination of these Terms and Conditions.
18. No Waiver of Rights. If one Party breaches these Terms and Conditions, then the failure of the other Party to enforce any rights under these Terms and Conditions shall not be deemed a waiver of any such rights. The rights and remedies of the parties, as set forth in these Terms and Conditions, are not exclusive and are in addition to any other rights and remedies provided by law.
19. Authorization. By electronically signing, or physically signing, an Agreement, I attest that I have read, understand, and agree to these Terms and Conditions.