1. Billing, Fees, & Payments
Customer will pay ThisOnlineThing.com all amounts due under the Agreement, in advance, including all initial consulting fees, set up fees, as well as the first monthly payment. Monthly recurring and other recurring payment amounts are billed by ThisOnlineThing.com thereafter. Following the initial signup the agreement is on a monthly basis unless stated otherwise in the agreement. Customer hereby irrevocably authorizes ThisOnlineThing.com to charge Customer's credit card for any and all amounts due, amounts due will be automatically charged, in advance, and if Customer's credit card expires, Customer hereby gives ThisOnlineThing.com authorization to submit the credit card charge with a later expiration date. ThisOnlineThing.com maintains the ability to suspend any service or terminate any Agreement due to non-payment by Customer. If Customer does not make timely payments of any and all amounts due under the Agreement, Customer agrees to pay any and all amounts due pursuant to the Agreement upon demand and will reimburse ThisOnlineThing.com for all charges and fees ThisOnlineThing.com incurs in all collection attempts including legal fees and merchant processing fees.
2. Refund Policy; Change of Billing; Termination of Agreement; Cancellation and Suspension of Services
The Agreement becomes effective on the Effective Date or date of signature and shall remain in effect until terminated as described the Agreement and herein (the "Term"). Once the Contract or Commitment Period has ended, the Term will continue on a recurring basis month to month thereafter, and Customer will be billed all applicable monthly fees on a monthly recurring basis until Termination of the Agreement. Customer has a Seventy-two (72) hours Right to Rescind to cancel and receive a full refund on Initial Charges/Setup Fees within the first Seventy-two (hours) of the Initial Agreement. Seventy-two (72) hours terminations must be obtained by email: firstname.lastname@example.org. A Seventy-two (72) hour Right to Rescind cancellation is not allowed by phone. Customer may change their method of billing or billing information at any time by logging into the Client Area, by calling (601) 529-2239, or by email: email@example.com. If Customer breaches any provision of the Agreement, ThisOnlineThing.com may suspend all Customer's services without refund. ThisOnlineThing.com reserves the right to suspend, cancel, or remove the Customer's website (if hosted with ThisOnlineThing.com) or remove listings in the event the Customer fails to pay any amount called for in this agreement after 7 days of such non-payment, without refund. Cancellation of Term monthly use can be made by email: firstname.lastname@example.org. Cancellation must be obtained fifteen (15) business days before the billing anniversary date. All Term payments are nonrefundable. Refunds take up to 30 business days to apply to Customer's credit card/check card depending on credit card association or merchant processing systems.
The materials on ThisOnlineThing.com's website are provided "as is". ThisOnlineThing.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
ThisOnlineThing.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any websites or web properties linked to this website. ThisOnlineThing.com makes no guarantees of any search engine rankings or search engine results. Because of search engine and other web property changes and updates, ThisOnlineThing.com makes no guarantee of any success. ThisOnlineThing.com is not responsible for any search engine results, including line placement results and/or page results in which Customer's business website and/or listings may or may not appear. Customer is required to inform ThisOnlineThing.com of any past and/or future internet marketing strategies, plans, and/or services that were attempted or have been/will be involved with. Notification of such actions to ThisOnlineThing.com is mandatory to avoid possible search engine guideline penalties or other web property penalties. ThisOnlineThing.com is not responsible for any and all penalties assessed against the Customer by any search engine, social media web property, or the likes thereof.
4. Rights & Consents
Customer has acquired all privileges and approvals mandatory so that records, recordings, domains, art and material given by Customer to ThisOnlineThing.com may be replicated onto or into data storage devices including but not limited to cloud storage, compact disc(s)/cassettes(s)/DVD(s), flash drive(s), external storage device(s); that the data, files, video and audio recordings, art and materials won’t encroach on any trademark, patent, agreement, rights and Customer has paid all fees to be paid in accordance with any statute, directive, right or agreement controlling such materials; and such materials do not comprise of items which is defamatory, libelous, explicit, or invades rights of any individual. Materials obtained by ThisOnlineThing.com for license to this production will be invoiced to the Customer for payment before use. In some cases, copyright of creative work may remain with the outside vendor, and the Customer will pay "use fees" for specific promotional purposes. Customer will receive a copy of creative developed and a ThisOnlineThing.com representative must complete necessary adjustments, if any are required at a later date. Payment entitles the Customer only to usage as specified. ThisOnlineThing.com holds the ability to use original development for Customer in any forthcoming advertising. Customer signature authorizes ThisOnlineThing.com to act on its behalf as a representative during the extent of this contract. Customer authorizes ThisOnlineThing.com to log in to accounts including but not limited to email, social media, data storage, as well as authorization to write, post, publish, claim and or revise their commercial profile(s) and/or internet advertisements. Customer authorizes ThisOnlineThing.com write copy for all advertisements and/or landing pages.
ThisOnlineThing.com, its contractors, or its suppliers shall not be liable for damages whatsoever (including but not limited to, incidental, special, significant, business interruption, loss of commercial profits, loss of data and/or commercial material, or other financial or economic loss) ascending out of the use or incapability to use this product and/or service, even if ThisOnlineThing.com or ThisOnlineThing.com's authorized representative/contractor has been notified orally or in writing of the prospect of such damage(s). Regardless, ThisOnlineThing.com, its contractors, and its suppliers' complete liability under all provisions of this contract shall be restricted to the total actually paid for the local entry with domain registration, web site development, creative development, search engines, and promotional items inclusive. Customer is solely responsible for the editorial content of the material included on its website, social media site(s), advertisement(s), marketing materials, data, files, and the likes thereof. Accordingly, Customer agrees that it will defend and indemnify (hold harmless) ThisOnlineThing.com from any suit, demand, or claim resulting from the editorial content of the website, social media site(s), advertisement(s), marketing materials, data loss, loss/corruption of files, malware, and the likes thereof, including reimbursing ThisOnlineThing.com for any litigation expense, including attorney's fees, that ThisOnlineThing.com may incur due to any suit or action against ThisOnlineThing.com based in whole or part on the content of the Customer's website, social media site(s), advertisement(s), marketing materials, data loss, loss/corruption of files, malware, and the likes thereof.
In the event the Customer terminates any job, task, and/or assignment the full balance and all expenses will immediately become due and payable to ThisOnlineThing.com. ThisOnlineThing.com reserves the ability to terminate any job, task, and/or assignment without penalty, complete or incomplete, and convey current work on any job, task and/or assignment to Customer, complete or incomplete, with all invoices and expenses for work to date becoming immediately due and payable to ThisOnlineThing.com. Early cancellation of any contracted agreement for SEO, Citations, Promotional Products, Claiming of Listings, E-Mail Marketing, Advertising, Hosting, Telemarketing, and/or Consulting will result in an early termination fee of 100% of the remaining agreement(s).
7. Late Fees
All balances are to be paid within 7 days of their due date according to the Agreement. Any amounts not paid within one month will be charged interest penalties of 20% each month and are subject to suspension/termination of services.
If Customer fails to pay as approved, ThisOnlineThing.com will be entitled to all reasonable costs of collection, including attorneys' fees, court costs and all other related expenses. Laws of the State of Mississippi shall apply.
Upon full payment of all invoices, copyright ownership of concepts, design, and/or executions shall transfer from ThisOnlineThing.com to the Customer. ThisOnlineThing.com software, plugins, tools, custom techniques, and disclosed proprietary methods of optimization shall not be copied.
Any and all signatures on behalf of the Customer hereby binds the Customer and personally represents and warrants that she/he has full authority to approve ThisOnlineThing.com to begin work, tasks, and services for the Customer.
11. Customer Disclosure
Additionally Customer agrees to inform ThisOnlineThing.com, written, of all past and/or future internet marketing strategies, plans, and/or services Customer may have purchased or have been/will be involved with prior to submitting their application. Customer failure to reveal such info can extinguish service and violate any and all agreements with ThisOnlineThing.com. Customer agrees to contact ThisOnlineThing.com before initiating any marketing campaigns online or offline, SEO services, or the like thereof to prevent possible search engine penalties or marketing failures. Customer agrees to immediately contact ThisOnlineThing.com, in writing, when there is any variation in company info, such as alteration of physical address, name, mailing address, phone number, website address/domain name, email account(s), or the like thereof. Customer agrees to immediately notify ThisOnlineThing.com of any change to log in credentials for, but not limited to, any/all social media account(s), email account(s), website(s), listing(s), cloud storage account(s), software, or any other web property that could hinder/limit ThisOnlineThing.com's marketing efforts for the Customer.
ThisOnlineThing.com keeps the right to update/upgrade/change Customer listings, profiles, web pages, copy, marketing materials, advertisements, or the likes thereof, "At Will" in order to satisfy guidelines of search engine(s), social media site(s), or the likes thereof which may momentarily interrupt service, cause traffic declines, or any other unfavorable issues. Any and all updates/upgrades/changes may be made by ThisOnlineThing.com or its contractors with or without the consent of the Customer.
13. Domain Registration
Customer understands that domain names may be purchased by ThisOnlineThing.com and website(s) may be listed and held with a template created theme or design. The domain name may be comparable to Customer's current domain name and may be used "At Will" by ThisOnlineThing.com. Domain names, social media accounts, and any and all other web properties registered by ThisOnlineThing.com stay with company and can be used at the sole discretion of ThisOnlineThing.com.
By using this service, you agree to arbitration resolution and agree that ThisOnlineThing.com, at its own discretion, may require you to file any disputes arising from the use of its service, or these terms and conditions concerning or, including disputes arising from or concerning their interpretation, nullity, violation, non-performance, invalidity or termination, as well as disputes about filling gaps in its contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be controlled by the laws of Mississippi.
Any award in an arbitration initiated under this clause limits winner to monetary damages and shall include no order or direction to any party other than the direction to pay a monetary amount. In addition, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Agreement is governed by the laws of the State of Mississippi. Agreement may be amended only in a writing that is signed by both parties or by ThisOnlineThing.com emailing a revised Terms and Conditions to Customer or posting revised Terms and Conditions on ThisOnlineThing.com's website. In order to meet the ongoing changes with the Internet, social media, search engine guidelines, marketing tools, and advertising guidelines, ThisOnlineThing.com may revise it's terms of service at any time by updating its Terms and Conditions. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on the ThisOnlineThing.com website. These Terms and Conditions are binding and should be reviewed by Customer frequently.