By selecting the “I Accept” box on the “GetHealthy Storefront Design Questionnaire” form, you (“Client”), agree to the following terms and conditions with engagesimply Inc (the “Company”).
1. **Services:** The Company will provide services for the creation of a “Get Healthy Storefront”. Includes the initial creation of the storefront based on the questionnaire submission, and up to two updates before launch.
2. **Payment:** Client agrees to compensate the Company for the services with a one-time fee of $500. Payments are due before the work starts.
3. **Late Fees:** Any late payment shall result in the suspension or cancelation of the contract for failure to make due payment.
4. **Term and Termination:** The contract will start on the date of acceptance and continue until the completion of the services. The contract can be terminated by either party with written notice specific to failure to perform.
5. **Intellectual Property Rights:** Each party retains all of their respective Intellectual Property Rights. Upon termination or expiration of this contract, the parties will cease all display and use of the other party’s Intellectual Property except as permitted by law or as permitted herein.
6. **Non-Disclosure:** Each party shall keep confidential and shall not use for any purpose any information provided to it by the other party that is labeled or otherwise identified as confidential or proprietary for the term of this Agreement, and for two years thereafter.
7. **General Warranty:** The Company shall provide its services in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards.
8. **Default:** The failure to make a required payment when due, the insolvency or bankruptcy of either party, or the failure to deliver the services in the time and manner provided for in this contract shall constitute a material default.
9. **Remedies:** The Company reserves the right to terminate the contract by providing written notice to the defaulting party specifically detailing the failure to perform. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s).
10. **Force Majeure:** Neither party shall be liable for any failure or delay in the performance of its obligations on account of events beyond the reasonable control of such party, which may include without limitation strikes, shortages, riots, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages.
This Agreement is subject to the laws of the State of New York, County of New York. All disputes arising out of, in relation to, or in connection with this Agreement shall be submitted to arbitration under the American Arbitration Association.
By selecting the “I Accept” box, you indicate your understanding and acceptance of these Terms and Conditions.