TOP MY REVIEWS TERMS AND CONDITIONS
Any party who agrees to a CMO Sync "TOP MY REVIEWS" service Agreement as evidenced by a signature on this agreement / form also agrees to abide by the terms and conditions listed in this document. TOP MY REVIEWS is a service of and provided by CMO Sync a dba of Rune Works Productions Ltd. This Agreement ("Agreement") and the Terms and Conditions (“Terms and Conditions”) is outlining the details of the project and service fees and is a binding agreement between the Client as stated in the Agreement and CMO Sync (“Parties”).
SECTION 1: SERVICES.
1.1 Generally. CMO Sync will perform the services set forth in the Proposal (collectively, the “Services”) in good faith and to the best of its ability.
1.2 Client Approval of Web Design & Post Cards. All stages of design will be approved by the Client representative whose signature appears on the Agreement, an agent of that representative, or anyone authorized by that representative to represent the Client. Authorization will be given by written consent, including email. Approval is established by: verbal, email, or written satisfaction with work; and/or verbal, email, or written instruction to continue.
1.3 Scheduled and Unscheduled Downtime. Client understands that periodic downtime may occur due to hosting or site maintenance.
1.4 Web Site and Domain Name Ownership. Client understands that CMO Sync retains all rights to any and all web sites and domain names associated with the custom sites that host the TOP MY REVIEWS services. CMO Sync owns any and all web sites and domain names associated with the TOP MY REVIEWS services; all rights reserved.
SECTION 2: FEES AND PAYMENTS.
Fees and Payments. In consideration for CMO Sync performance of the Services, Client shall pay to CMO Sync the fees set forth in the Agreement. Client agrees to pay all such fees and charges immediately on their respective due dates which may be defined by the Agreement or by separate invoice. Cancellation by client requires a 30-day notice by written letter or email from client (Clarification example: Cancellation shall occur and become effective 30 days after receiving notification of cancellation by written letter or email from the client).
SECTION 3: REPRESENTATIONS AND WARRANTIES.
Limitation of Representations and Warranties. The Services are provided “AS-IS” without any additional express or implied warranties or guarantees, including, without limitation, any warranty of fitness for a particular purpose, satisfactory quality or merchantability. If CMO Sync provides any design or internet marketing services/suggestions including, but not limited to SEO, PPC, lead generation and web development, results are in no way guaranteed.
SECTION 4: LIABILITY AND DAMAGES.
Limitation on Liability and Damages. CMO Sync and its respective directors, members, managers, officers, shareholders, employees, agents, contractors, and service providers shall not be liable to Client for any indirect, incidental, special or consequential damages, including without limitation, loss of profits, loss of anticipated savings and loss of data. Notwithstanding the foregoing, in no event will CMO Sync’s liability under the Agreement exceed the fees generated for six months prior to the event triggering liability.
SECTION 5: MISCELLANEOUS.
5.1 Governing Law and Venue. The Proposal and this Terms and Conditions will be construed and enforced in accordance with the laws of the State of New York, without giving effect to the principles of conflicts of law.
5.2 Entire Agreement. The Agreement, together with all exhibits and other attachments, constitutes the entire contract between the Parties and supersedes all previous contracts, agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the Parties respecting the subject matter hereof.
5.3 Construction. The Parties agree that each has participated equally in the formation of the Proposal and this Terms and Conditions and that the language or terms and conditions of this the Proposal and Terms and Conditions shall not be presumptively construed against either party.
5.4 Mandatory Arbitration. Each of the Parties hereto irrevocably agrees to arbitrate in connection with any legal proceeding relating to the Proposal or Terms and Conditions or the enforcement of any provision of each.
5.5 Reviews: Both parties understands that a review left by a customer or anyone online can be positive or negative. CMO Sync cannot be held responsible for any review left online.