Prepared By:
Owl Digital Services LLC
4700 N. Kolb, Tucson, Arizona, 85750
Christopher Johnson, Founder
Prepared For:
THE ART OF MARKETING
We believe exceptional results in marketing starts with an exceptional reputation and sales processes. That's why we've spent years perfecting our process that helps you build your brand and bolster your conversion rates - from marketing automation software and paid ads that work together, to consistently generating results with a quantifiable R.O.I. Each thoughtful part of this package is made specifically to help you stay organized, informed, and quickly growing. All while making your life easier, with prices that our competition can't even come close to matching.
DEAR SERVICE INDUSTRY PROFESSIONALS
Thanks for taking the time to check us out. At Owl Digital Services LLC, we make growing your business easier and more profitable than ever before. Contractor's and service industry professionals across the board love how easy we make it to keep new business coming in on demand and at scale.
This agreement, by and between Owl Digital Services LLC ("Agency") and ("Client"), is a legally binding agreement. Owl Digital Services LLC agrees to provide advertising services described herein in exchange for payment from in accordance with the terms of this agreement.
Schedule A
Client agrees to retain Owl Digital Services LLC as a provider of the advertising services provided below. Owl Digital Services LLC agrees to provide these services pursuant to the terms of this agreement.
Should Client require additional advertising services from Owl Digital Services LLC, both parties shall negotiate terms for those services and attach such terms as an addendum to this agreement.
Advertising Services
The following advertising services are included in this agreement:
Timeline
Pricing
agrees to pay for the advertising services provided by Owl Digital Services LLC in accordance with the following rates:
| Name |
Details / Invoice |
Amount |
| Setup Fee |
One Time Charge |
|
| Ongoing Retainer |
Monthly Service Fee |
|
| First Month Total |
Initial Term Total |
|
Schedule B
Sole Agreement
This shall be the sole agreement in place between , located at , and Owl Digital Services LLC, located at 4700 N. Kolb #13113 Tucson, AZ 85750. Any additional services provided shall require a written addendum to this agreement, signed by both parties.
Copyright
All rights, title and interest, including but not limited to possession and intellectual property rights, in and to Products, Documentation, customizations, software, programs, content materials, and all other property, including but not limited to intellectual property, that Agency owned prior to the Effective Date, that it created, developed or used in the performance of this Agreement, shall at all times remain exclusively owned by Owl Digital Services LLC.
Payment
Client agrees to make timely payments in accordance with the marked due date on each invoice provided by Owl Digital Services LLC, and to include any late fees that will accrue at the rate of 6% of base invoice each week until paid in full.
Governing Law
This agreement shall be governed in accordance with the laws of Arizona. Any grievances or disputes shall be resolved via a neutral arbitrator located in Arizona.
Termination
During the Initial Term and any additional term agreed to in the Addendum or otherwise, Client agrees to (a) provide thirty (30) days written notice to Owl Digital Services LLC of a request to cancel Services, (b) pay an early termination fee equal to 1 month of Service, and/or (c) agree to pay any and all outstanding balances for Services rendered immediately.
Client understands that upon an early termination of this Agreement, Owl Digital Services LLC reserves the right to stop all work immediately. This Agreement and any work assignment in progress may be terminated by Owl Digital Services LLC at any time without prior written notice to Client in the event that: (a) Client fails to meet the terms and or conditions of this Agreement; (b) Client defaults on payment as set forth in Schedule A
Non-Disclosure
Client agrees that any and all proprietary information obtained from Owl Digital Services LLC, including the products and Services used to carry out the terms of this Agreement, the methods in which products and Services are implemented, information about inventions, designs, methods, systems, improvements, and any other proprietary and confidential matters gained as a result of this Agreement will be considered strictly confidential and shall not be used by or directly or indirectly disclosed by Client to any person or persons without Owl Digital Services LLC prior written permission. Notwithstanding the foregoing, Owl Digital Services LLC shall be entitled to use Client's name and results from the Services in any and all marketing materials utilized by Owl Digital Services LLC to market its Services.
Liability Limitations
Except for bodily injury, Owl Digital Services LLC TOTAL LIABILITY AND CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF THE PERFORMANCE OF Owl Digital Services LLC UNDER THIS AGREEMENT AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR OTHERWISE), AND INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, LOST REVENUES, LOST OR CORRUPTED DATA, LOST USE, OR PUNITIVE DAMAGES AND ANY OF CLIENT'S CLAIMS OF CONTRIBUTION AND INDEMNIFICATION RELATED TO THIRD PARTY CLAIMS ARISING OUT OF SERVICES RENDERED BY Owl Digital Services LLC, AND FOR ANY LOSSES, INJURY OR DAMAGES TO PERSONS OR PROPERTIES IN CONNECTION WITH THIS AGREEMENT, SHALL BE LIMITED TO THE PAYMENTS RECEIVED BY Owl Digital Services LLC FROM CLIENT HEREUNDER DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. Client agrees that it will not allege that this remedy fails of its essential purpose.
WARRANTY MATTERS
Owl Digital Services LLC warrants that its Services shall be performed consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY Owl Digital Services LLC CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE
SEVERABILITY
If any provision of this Agreement is deemed as unenforceable or invalid under any applicable law or is so determined by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decision.
