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Terms of Services Acceptance

Terms of Services Agreement for Free Project

Terms of Services BETWEEN User. (“User”) AND Digital Sapien Interactive, LLC (“Company”, “Digital Sapien Interactive” , “Digital Sapien”, “DIGITAL SAPIEN INTERACTIVE”) FOR Digital Marketing Case Study (“Project”, “Services”) EFFECTIVE Upon Form Submission

Overview

This agreement is activated upon submitting this form.  This is an agreement for a short-term agreement between User and Digital Sapien Interactive in which Digital Sapien Interactive, LLC will provide services for User ‘s website. The goals of this Project are: (1) demonstrate the value of a long-term partnership between the two companies by completing a free deliverable at the request of the User.

Description of Services

Digital Sapien Interactive may perform/provide one of the following services or create any of the following material:
  • On-page SEO recommendations
  • Infographics
  • Website Mock-ups
  • Blog posts
  • Articles
  • Audio Transcription
  • Website Video Audit

Free Trial Agreement

Upon submission of this form, you agree to take part in our free trial.   In doing so, you agree to grant Digital Sapien Interactive nonrevocable, nonexclusive usage of the User brand logo to be posted on the Digital Sapien Interactive website, digitalsapien.com, and to be used in the case study in a manner which represents that work performed during this Project.

Future work

Under no circumstances will the compensation described above be applied as a cash credit or other monetary equivalent for work to be performed by Digital Sapien Interactive in the future.  Additionally, work between the User and Digital Sapien Interactive will be quoted independent of the work performed during the current Project.

Assumptions

  • User provides one marketing/business development lead as the “point of contact” for strategy, approvals and status calls to coordinate services provided collection across the Site(s) included in this Statement of Work
  • No language translation and localization (outside of English) are included in this Project pricing
  • Any delay in the approval and/or implementation of certain deliverables may have a negative impact of DIGITAL SAPIEN INTERACTIVE’s capability to complete this Project within the defined timeline. Therefore, all approvals and/or necessary implementation by User refinements shall be performed upon request and in a timely manner.  The failure of the User to implement such changes in a timely fashion may not have the desired effect on the User’s success metrics and shall not be deemed due to any failure on the part of the Company.

Terms and Conditions

Limitation of Liability & Warranty Disclaimer

There is no representations or warranties, express or implied, other than as expressly set forth or referred to herein and, in particular, neither Party makes any warranties to each other or any other person or entity, whether express, implied or statutory, as to the description, quality, merchantability, completeness or fitness for any purpose of any services or information provided hereunder or described herein, or as to any other matter all of which warranties are hereby excluded and specifically disclaimed. Company shall not be liable for the unavailability or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information. IN NO EVENT SHALL DIGITAL SAPIEN INTERACTIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL DIGITAL SAPIEN INTERACTIVE’S LIABILITY HEREUNDER EXCEED AN AMOUNT EQUIVALENT TO THE PAYMENT INDICATED IN THIS AGREEMENT, OR ON ANY ASSOCIATED INTAKE AGREEMENTS PAYABLE TO DIGITAL SAPIEN INTERACTIVE BY USER UNDER THIS AGREEMENT. In the event that User is obstructed, incurs a loss of efficiency in productivity or is delayed in the commencement, prosecution, or completion of the Services, by: (i) the act, failure to act, direction, order, neglect, delay, or default of Company, its agents or employees or any other entity or person employed at User’ premises, or (ii) by changes in the Services; or (iii) by reason of fire, lightning, earthquake, enemy action, act of God, or similar catastrophe, or by government restrictions in respect of materials or labor, or by a strike or lockout beyond Company’s reasonable control, then Company shall not be considered in any way to have breached its obligations hereunder. User expressly agrees not to make, and hereby waives, any claim for damages, including those resulting from increased supervision, labor or material costs, on account of any delay, obstruction, or hindrance attributable to the aforesaid causes.

Transfer of Materials

Upon termination of this agreement, if there is no outstanding indebtedness then owing by User to DIGITAL SAPIEN INTERACTIVE, DIGITAL SAPIEN INTERACTIVE shall transfer, assign and make available to USER all property and materials in its possession or control belonging to User.  User agrees to pay for all costs associated with the transfer of materials.

Indemnification

User shall indemnify, defend and hold harmless Company, Company's subsidiaries and affiliates, and the respective partners, agents, officers, directors and employees of each of the foregoing, from and against any loss, cost, expense, claim, injury or damage (including, without limitation, reasonable attorneys' fees and expenses), whether incurred due to third party claims or otherwise, arising or resulting from or caused by (i) any negligent act or omission or willful misconduct of Company or any consultant or engineer retained by Company, or any of its or their partners, directors, officers, employees, or agents; (ii) any breach or default by Company in the performance of any of its obligations under this Agreement; or (iii) any breach of any representation, warranty, covenant or agreement by Company;
  1. b) Subject to the provisions above, User shall indemnify, defend and hold harmless Company from and against any loss, cost, expense, claim, injury or damage (including, without limitation, reasonable attorneys' fees and expenses), whether incurred due to third party claims or otherwise, arising or resulting from or caused by (i) any negligent act or omission or willful misconduct of User; (ii) any material breach or default by User in the performance of any of its obligations under this Agreement; or (iii) any material breach of any representation, warranty, covenant or agreement by User.

Severability

If any provision of this Agreement or the application thereof to any person or situation to any extent shall be held invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or situations other than those to which it shall have been held invalid or unenforceable, shall not be affected thereby, but shall continue to be valid and enforceable to the fullest extent permitted by law.

Relationship

The relationship between User and Company shall be that of buyer and seller, respectively. Nothing in this Agreement shall be deemed to create or construed as creating a joint venture or partnership between the parties. Either party is, by virtue of this Agreement or otherwise, to be considered the agent or representative or the other party. Neither party shall have the right to bind the other contractually in any respect whatsoever.

Proprietary Rights

User acknowledges and agrees that Company shall retain all proprietary rights in the technology, software, procedures, documentation and all other materials used by the Company in rendering the Services hereunder.

Other Engagements

User agrees that, during the Term of this Agreement, Company may be engaged by one or more other persons or entities to provide Marketing Services similar to those which Company will provide to User hereunder. Company will use best efforts to segregate the consulting services provided under this Agreement from work at other institutions, so as to minimize any questions of disclosure or ownership of rights under inventions or confidential information. Company may terminate this Agreement for “cause” with written notice of fifteen (15 days) or prior to any delivery of work by the Company described in this agreement if in its reasonable opinion the performance of such work will conflict with its interests.

Final Step

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