Terms of Services Agreement
Services Provided: Customer understands that ELL attempts to optimize various targeted listings for cities where Customers operate their businesses. Customer understands that ELL strives to deliver the services offered below in as timely a manner as possible.
a. Agreed upon accurate multiple directory listings.
b. Monitoring and consulting marketing services (included in Gold and Platinum packages only)
All products may not be available within all countries, provinces, states, cities, and other locations.
PIN Verification -Customer understands that a Personal Identification Number (PIN) verification is required for services including Google Places, Maps or Business listings. Generally, this verification requires a call from ELL Account Managers to the Customer to help with the verification process.
Communication– Customer agrees to be supportive of their internet marketing campaign and agrees to be responsive to any request from ELL in a reasonable period of time, otherwise the performance of the service may be affected.
Customer Disclosure– Customer agrees to inform ELL in writing of any internet advertising campaigns it has performed or is performing prior to agreeing to service. Failure to disclose this information may compromise the services provided by ELL. In addition, the Customer must provide a physical location address which can receive mail for each service location if the client has agreed to management and/or creation of Google products. Without a physical location, it is more difficult for ELL to obtain optimal placements. Customer further agrees that they will use ELL services for lawful purposes only.
Service Plans and Billing When the Customer signs up for the ELL service, Customer is given several options and packages that are available. To begin the service, Customer must provide an active credit card or checking account for billing purposes. Customers may request a change in their method of payment by emailing their Account Manager at email@example.com.
All of the ELL services will renew monthly(excluding the basic package) unless Customer notifies ELL before the date the plan is set to renew (the renewal date depends on the plan that is selected). Unless the billing date falls on a day banks are closed, the Customer is generally billed on the same day of the month as the original sign-up for each subsequent billing interval.
If Customer selects any package (other than basic), the credit card or checking account will be debited monthly, based on the date the ELL account is first created. Customer can cancel the Month To Month Plan at any time prior to the day before the Customer’s credit card or checking account is to be debited for renewal.
No Refunds– Customer is not entitled to, and ELL is not obligated, to grant a refund of any money debited to Customer’s credit card or checking account based on the cancellation of the ELL service
*Cancellation of Service– To cancel the ELL service, Customer must either call their Account Manager or send an email to ELL at firstname.lastname@example.org requesting a cancellation. If the cancellation request is processed successfully, ELL will send a confirming email to Customer to the email address on file with your account. For the protection of the account Customer should retain this confirming email on file to prove the service has been cancelled. Customer must be aware that if Customer does not receive a confirming email, then the account is not deemed cancelled and you will be obligated for future charges.
No Liability– ELL, its suppliers, affiliates, officers, directors, employees, subsidiaries, agents, partners and assigns, shall not be liable for any damages whatsoever, including, without limitation, direct or indirect damages for loss of business profit, personal injuries, business interruptions, state licensing requirements, city ordinances, business information loss, or any other loss resulting from the use or inability to use ELLS products and services. The maximum liability shall be limited to the amount actually paid for the services provided.
Indemnity– Customer shall indemnify and hold harmless ELL, its successors, suppliers, affiliates, officers, directors, employees, subsidiaries, and assigns from any liability or loss resulting from any judgments or claims against Customer.
Respect of Intellectual Property Customer agrees to respect all trademarks, copyrights and any other intellectual property. Customer certifies it owns or has permission to use any image uploaded or otherwise provided to ELL.
Change of Terms and Conditions– ELL may change these Terms and Conditions without prior notice, at its sole discretion. To document the terms and conditions for your service, we recommend that you print these terms and conditions and store them in a file or electronically.
Governing Law and Venue By purchasing ELL service you agree that your agreement shall be governed by the laws of the State of California. You also agree and hereby submit to the jurisdiction and venue of the State of California, County of Orange, with respect to any such matters relating to your purchase of ELL’s goods and services.
Agreement to Arbitrate Any dispute, claim or controversy arising out of or relating to the services provided by ELL or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined by mandatory binding contractual arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered by a California court, whereby Customer consents to personal jurisdiction. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a Court located in the County of Orange in the State of California.
Authority to Sign The person agreeing to service on behalf of Customer hereby represents and warrants that he or she has the authority, power and ability to act on behalf of and legally bind the Customer.
Elite Local Listings Inc