Contract Terms & Conditions
Strategic Market Solutions LLC (SMS)
& TotalWeb Partners (TWP)
Terms & Conditions*
If a credit card was provided – the Client hereby agrees to theses Terms and conditions and authorize Strategic Market Solutions, LLC to charge the provided credit card for the first payment and subsequent payments.
If a credit card was not provided – the Client hereby agrees to these Terms and conditions and will process a check payable to Strategic Market Solutions, LLC for the first payment and agrees to make subsequent payments for the contracted services per the terms and timing of the executed agreement.
Payments will be due per the specific terms of the executed contract or agreement. Failure to provide timely payments will incur a $75 per month late charge and may result in service Termination after 15 days. If a Contract is cancelled by TotalWeb for nonpayment, the client will be responsible for the entire Contract including monthly services for the minimum term plus collection fees.
TWP and SMS contracts are only cancellable within 5 days of execution and thereafter can only be terminated after the Contract Minimum Term (12 months) by providing written notification of cancellation to TotalWeb Partners, taking effect 30 days after the date of the written notification.
Production & Client Interaction:
TotalWeb Partners agrees to provide resources to fulfil the services outlined within this Contract and the client agrees to assign knowledgeable company contacts to be available for the interaction steps as outlined as well as providing necessary company information to complete the service contract. Should the client fail to provide the information required within 60 days of written request from TotalWeb Partners, TotalWeb partners will have the option to initiate billing for services that are awaiting the client’s input.
Domain & Data Ownership:
Domain & Data Ownership: Domains, online profiles, database systems and all published data will become the unencumbered intellectual property of the client upon full contractual payment. The client’s data may only be linked to and published by Strategic Market Solutions, LLC for demonstration purposes. TotalWeb agrees to turn over all data and online credentials to the client after the minimum Contract period upon demand by the client, providing all payments are current.
TotalWeb hereby agrees to perform the contracted services to meet industry best practices and quality standards. Should TotalWeb publish incorrect information, the information will be corrected by TotalWeb at no charge to the customer after notification of the error, but TotalWeb Partners’ liability is strictly limited to correcting the published information, and the client hereby agrees to indemnify TotalWeb Partners and hold TotalWeb Partners harmless for any loses claimed to have resulted from incorrect data publishing.
This Contract is governed by the laws of Michigan, the state of incorporation for Strategic Market Solutions, LLC. Any claim by either party is to be in accordance with Michigan law having all claims filed in a Genesee County Michigan court.
* May be changed without notice.