It is mutually understood and agreed that this Customer Order shall become a contract between Client and Homez LLC DBA Utah Homez known hereinafter a Provider, upon acceptance of the Customer Order by Provider.
Client agrees to pay Provider charges for the contracted services selected above, plus all state and local taxes attributable thereto. Any unpaid balance of the service charges is due and payable upon presentation of a statement. Any amounts not paid within 30 days of the date of such a statement may have a late charge at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. Discontinuation of business does not relieve Client of its obligations under this contract.
Provider shall provide advertising services as indicated and initial for above, subject to content modifications by Client via Provider’s website. The service period of this Agreement shall be twelve (12) calendar months unless otherwise indicated on this Agreement. Provider reserves the right to improve and change the tools and ad features on the site, while maintaining the basic overall fulfillment of ad and content exposure for the Client. Upon reaching the end of the service period, this Agreement shall be auto-renewed month-to-month until cancelled in writing.
Should Client fail to make any payment when due, Provider may, at its option, declare Client in default and declare the entire balance owed by Client to Provider under this, or any other, agreement between Provider and Client immediately due and payable. Client may cancel Services without penalty within three (3) business days of this Agreement date, but in no event after the web based fulfillment is completed, whichever is sooner. Provider will refund deposits received for services cancelled within the cancellation period in compliance with the terms of this Section, but not thereafter. Cancellation will be effective no longer than 30 days after notice of cancellation, when cancellation is requested after the 1st year of service provided.
Provider may, but need not, extend credit to Client for purchase of the services requested, upon such terms and conditions as the Provider, in its sole discretion, deems appropriate.
Provider has advertising available in all areas of the state of Utah, but may not be identified specifically by the markets advertised. Therefore Client will be placed in the closest geographic market as deemed appropriate by client and Provider.
Provider provides listings by MLS in all markets for the state, allows builders to list properties under construction or completed, home owners selling their own properties will have the option to list their properties as well as residential property owners to list their properties for rent. All obligations, regulations and requirements by law regarding the use of real estate property information will be followed as closely as possible by Provider, and will make any necessary corrections as made aware of as expeditiously as possible.
Provider reserves the right to sell services and or products it deems appropriate to help with the overall mission of it’s website. Therefore will provide secure certificates and other measures to protect credit information and private data to the best of it’s ability within the tools available.
Client assumes sole responsibility for the protection of its copyright in any writing, illustration, design, map, photograph, or combination thereof included in said items of reporting. Client must inform Provider of any possible infringement that may occur prior to live content launch. Such notice must be made in writing or will be deemed permissive use of the copyrighted material.
If Provider is working directly with any other publisher of print or electronic media, Provider reserves the right to revise its policies and practices, including the right to revise placement of directory categories, and if acceptable by Provider, place Client’s directory category advertising under the appropriate category pursuant to such recommended revision. Additionally, if Provider is working directly with any other media publisher, Provider further reserves the right to revise or reject any or all advertising copy or illustration.
This Agreement is between Client and Provider, and changes in ownership, name, management or operation of Client shall not dissolve the contract obligation under this Agreement. This Agreement may not be assigned by Client without the written consent of Provider, which consent will not be unreasonably withheld. This Agreement is assignable by Provider, and any assignment that occurs will be deemed a novation between Client and any subsequent assignee.
The person entering into this Agreement for Client expressly warrants that he/she is authorized by Client to do so, and on behalf of Client represents and warrants: (1) that Client is in compliance with applicable laws, including any necessary licensing requirements; (2) that Client is a duly authorized agent for the product or service to be advertised; and (3) Provider has the right to use any trademark, service mark, trade name, artwork, photographs, illustrations or copyrighted material appearing in the advertising text supplied by Client. Client agrees that it will hold Provider harmless from any and all claims and demands asserted against Provider by reason of errors of any kind of the foregoing representations, breach of the forgoing warranties, or by reason of any incorrectness of any portion of said advertising or the name or copyrighted material therein, and agrees to notify Provider immediately, in writing, of any changes in such ownership or authorization. Client shall indemnify and hold Provider harmless from all liabilities and costs, including attorney’s fees, incurred in connection with Client’s breach of any of the foregoing representations and warranties or for any other claim made on account of Provider use of advertising text supplied by the Client including, without limitation to the generality of the foregoing, claims of false advertising or of infringement of the intellectual property rights of third parties.
Client agrees the Provider shall not be liable for errors or omissions for any content published online or in any format representing the client, reporting in excess of the amount paid of the item(s) and shall not be liable for lost profits; direct or indirect, special, consequential, incidental or for any contingent damages arising out of such an omission or error or omission in reporting shall be client’s sole and exclusive remedy, and Provider shall not be liable to client for any incidental or consequential damages (including loss of profits), whether in contract, tort or otherwise, client acknowledges and agrees that Provider has relied on the foregoing limitation of liability in establishing it’s rates, and this limitation of liability may only be waived upon the payment of additional consideration by client in such amount and upon such terms as may be evidenced by a written agreement of both parties.
By signing this contact and providing address information (street or other postal address, telephone, and email addresses listed above on this contract), Client acknowledges the existence of a business relationship between the Provider and the Client. Client expressly agrees the Provider may use any or all of the address information so provided to communicate with Client regarding Provider’s products and services. If Client does not wish to receive communications from Provider by a particular means, Client will notify Provider to that effect in writing, and Provider will endeavor to honor Client’s request.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, other than an action by Provider for the collection of the amounts due under this Agreement, shall at the sole option of the Provider be settled by final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which rules are incorporated herein by reference; provided, however, that any person nominated to act as arbitrator is licensed to practice law before the courts of the State where the arbitration is conducted. There shall be one arbitrator for any arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration under this provision shall be at the office of the American Arbitration Association closest to the Provider or such other location as the parties may agree.