Gotcha Local User and Services Agreement

 

User and Service Agreement - 6 months

User and Service Agreement - 12 months

 

 

Gotcha Local User and Services Agreement

(6 months agreement)

Gotcha Local LLC, of 560 W. 1st St. #200, Tustin, CA 92780 (hereinafter the Company) agrees to deliver marketing service to the client upon the express agreement of client to the following:

  1. Client agrees to pay Gotcha Local LLC a monthly fee of six-hundred ninety-nine dollars ($699.00) per month in exchange for Company rendering services on behalf of Client.
  2. The initial term of this contract shall be six months. Upon expiration of the initial six month period, this contract shall become a month-to-month service which can be canceled at anytime by giving 30 days written notice to Gotcha Local LLC at 560 W. 1st St. #200, Tustin, CA 92780 ATTN Billing Department.
  3. Fees shall be billed on the day of enrollment then monthly on the 1st of every month with the second month prorate based on the date of Client’s enrollment with Company. In the event of a cancellation of service, Client shall be billed a pro-rata amount representing the percentage of service provided over a 30 day period.

Satisfaction Guarantee

We guarantee that you will make more money than you pay us Period!

Providing that within the first 7 days you submit:

Providing that within the first 30 days you submit the materials we ask for including:

We will provide all needed training and support to help you with providing us these items.

If you do the above we guarantee that you will make at least equal the money from the new patients you get from this marketing than you pay to Gotcha Local or we will continue to deliver our services (website, hosting, video marketing, pay-per-click management {not including the pay-per-click cost}, press releases, blog, landing pages and social media training) until you do!

Terms and Conditions

  1. It is expressly understood by Client and Company that despite the best efforts of Company, the results of the efforts and activities of Company cannot be guaranteed and that Company makes no representations or warranties of the success of said efforts and activities.
  2. Client acknowledges that the Company will purchase a domain which client will get to use along with a website provided. The domain and website shall remain the exclusive property of Company and stay with Company after termination of any agreement between Client and Company. The domain can be purchased from the company at the end of the contract for $99 or appraised value, which ever is greater.
  3. Client agrees not to release any trade secrets learned from Company to anyone else outside Client’s employment.
  4. Company accepts no responsibility for policies of PPC Advertising Networks, third-party search engines, directories or other web sites (“Third-Party Resources”) that Company may submit to with respect to the classification or type of content it accepts, whether now or in the future. Customer’s web site or content may be excluded or banned from any Third-Party Resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third-Party Resources under this Agreement.
  5. Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 position, consistent positioning, “top 10 positions” or specific placement for any particular PPC keyword, phrase or search term. Customer acknowledges that Company’s past performance is not indicative of any future results Customer may experience.
  6. Customer acknowledges that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion. PPC Advertising may be subject to the individual advertising network’s policies and procedures. Each edit or change made to any resources employed by Company may repeat these inclusion times.
  7. Customer acknowledges that any of the PPC advertising networks, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
  8. Customer acknowledges that PPC advertising networks or search engines may drop listings from its database for no apparent or predictable reason. Company shall re-submit resources to the search engine based on the current policies of the search engine in question and whether pay inclusion programs are being used.
  9. Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the PPC Campaign and Strategy and the execution thereof under this Agreement. Customer acknowledges that Company may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect PPC campaign or other SEO services.
  10. Customer acknowledges that some of the Third-party resources only offer paid inclusion programs that require a fee or continued maintenance or performance fees. Customer is solely responsible for all paid inclusion fees and must maintain adequate funds in any Third-party accounts in order to maintain inclusion in these resources.
  11. Customer shall defend, indemnify and hold harmless Company against all liability, loss and expense, including actual attorney’s fees, and expenses, in connection with any claim, demand, action or causes of action asserted against Company, without limiting the generality, for any injury to or death of any person or for loss or damage to any property where such injury, death, loss or damage, however caused, results from or occurs in connection with the performance of any work, services or activities hereunder, except that Customer shall not however be required to indemnify Company for the sole or willful misconduct of Company.
  12. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
  13. Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
  14. Company’s services are not the provision of legal advice. Client retains sole responsibility to determine whether any and all marketing concepts are in compliance with HIPAA privacy laws and state regulations.
  15. THE MAXIMUM LIABILITY OF PROVIDER, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENTS MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO GOTCHA LOCAL LLC HEREUNDER. IN NO EVENT SHALL PROVIDER, ITS DIRECTORS, OFFICERS, AND AFFILIATES BE LIABLE FOR AN LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED UNDER THIS LETTER OF INTENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Gotcha Local User and Services Agreement

(12 month agreement)

Gotcha Local LLC, of 560 W. 1st St. #200, Tustin, CA 92780 (hereinafter the Company) agrees to deliver marketing service to the client upon the express agreement of client to the following:

  1. Client agrees to pay Gotcha Local LLC a monthly fee of five-hundred ninety-nine dollars ($599.00) per month in exchange for Company rendering services on behalf of Client.
  2. The initial term of this contract shall be twelve months. Upon expiration of the initial twelve month period, this contract shall become a month-to-month service which can be canceled at anytime by giving 30 days written notice to Gotcha Local LLC at 560 W. 1st St. #200, Tustin, CA 92780 ATTN Billing Department.
  3. Fees shall be billed on the day of enrollment then monthly on the 1st of every month with the second month prorate based on the date of Client’s enrollment with Company. In the event of a cancellation of service, Client shall be billed a pro-rata amount representing the percentage of service provided over a 30 day period.

Satisfaction Guarantee

We guarantee that you will make more money than you pay us Period!

Providing that within the first 7 days you submit:

Providing that within the first 30 days you submit the materials we ask for including:

We will provide all needed training and support to help you with providing us these items.

If you do the above we guarantee that you will make 2x the money from the new patients you get from this marketing than you pay to Gotcha Local or we will continue to deliver our services (website, hosting, video marketing, pay-per-click management (not including the pay-per-click cost), press releases, blog, landing pages and social media training) until you do!

Terms and Conditions

  1. It is expressly understood by Client and Company that despite the best efforts of Company, the results of the efforts and activities of Company cannot be guaranteed and that Company makes no representations or warranties of the success of said efforts and activities.
  2. Client acknowledges that the Company will purchase a domain which client will get to use along with a website provided. The domain and website shall remain the exclusive property of Company and stay with Company after termination of any agreement between Client and Company. The domain can be purchased from the company at the end of the contract for $99 or appraised value, which ever is greater.
  3. Client agrees not to release any trade secrets learned from Company to anyone else outside Client’s employment.
  4. Company accepts no responsibility for policies of PPC Advertising Networks, third-party search engines, directories or other web sites (“Third-Party Resources”) that Company may submit to with respect to the classification or type of content it accepts, whether now or in the future. Customer’s web site or content may be excluded or banned from any Third-Party Resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third-Party Resources under this Agreement.
  5. Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 position, consistent positioning, “top 10 positions” or specific placement for any particular PPC keyword, phrase or search term. Customer acknowledges that Company’s past performance is not indicative of any future results Customer may experience.
  6. Customer acknowledges that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion. PPC Advertising may be subject to the individual advertising network’s policies and procedures. Each edit or change made to any resources employed by Company may repeat these inclusion times.
  7. Customer acknowledges that any of the PPC advertising networks, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
  8. Customer acknowledges that PPC advertising networks or search engines may drop listings from its database for no apparent or predictable reason. Company shall re-submit resources to the search engine based on the current policies of the search engine in question and whether pay inclusion programs are being used.
  9. Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the PPC Campaign and Strategy and the execution thereof under this Agreement. Customer acknowledges that Company may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect PPC campaign or other SEO services.
  10. Customer acknowledges that some of the Third-party resources only offer paid inclusion programs that require a fee or continued maintenance or performance fees. Customer is solely responsible for all paid inclusion fees and must maintain adequate funds in any Third-party accounts in order to maintain inclusion in these resources.
  11. Customer shall defend, indemnify and hold harmless Company against all liability, loss and expense, including actual attorney’s fees, and expenses, in connection with any claim, demand, action or causes of action asserted against Company, without limiting the generality, for any injury to or death of any person or for loss or damage to any property where such injury, death, loss or damage, however caused, results from or occurs in connection with the performance of any work, services or activities hereunder, except that Customer shall not however be required to indemnify Company for the sole or willful misconduct of Company.
  12. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
  13. Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
  14. Company’s services are not the provision of legal advice. Client retains sole responsibility to determine whether any and all marketing concepts are in compliance with HIPAA privacy laws and state regulations.
  15. THE MAXIMUM LIABILITY OF PROVIDER, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENTS MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO GOTCHA LOCAL LLC HEREUNDER. IN NO EVENT SHALL PROVIDER, ITS DIRECTORS, OFFICERS, AND AFFILIATES BE LIABLE FOR AN LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED UNDER THIS LETTER OF INTENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.