TERMS & CONDITIONS
Client Services Agreement
INTRODUCTION
THIS CLIENT SERVICES AGREEMENT (THE “AGREEMENT”) IS ENTERED INTO EFFECTIVE IMMEDIATELY AS OF THE SIGN UP FORM (HTTPS://DISTROCUTS.COM/JOIN) SUBMISSION DATE (THE “START DATE”) BETWEEN DISTROCUTS, LLC (“DISTROCUTS”, “WE”, “US” OR “OUR”), AND THAT YOU )THE PERSON READING AND AND ACKNOWLEDGING THESE TERMS) WILL BE REFERRED TO AS (THE “CLIENT”) AND ITS RESPECTIVE OWNERS/SHAREHOLDERS.
DISTROCUTS AND THE CLIENT ARE EACH REFERRED TO HEREIN AS A “PARTY” AND, COLLECTIVELY, AS THE “PARTIES.” NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS CONTAINED HEREIN, DISTROCUTS AND THE CLIENT HEREBY AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS
DIGITAL ASSETS WILL BE DEFINED AS ANY ASSET THAT MAY EXIST IN DIGITAL FORMAT INCLUDING BUT NOT LIMITED TO WEBSITES, TEMPLATES,THEMES, GRAPHICS, PHOTOGRAPHS, IMAGES, LOGOS, DOMAIN NAMES, MEDIA, AUDIO, TRADEMARKS, FILES, DOCUMENTS AND THEIR RESPECTIVE CONTENTS OR ASSETS.
SECTION 2. PRODUCTS AND SERVICES
THE CLIENT UNDERSTANDS THAT PRODUCTS AND SERVICES OFFERED OR PROVIDED BY DISTROCUTS MAY INCLUDE BUT ARE NOT LIMITED TO WEBSITE CREATION, SEARCH ENGINE OPTIMIZATION, GRAPHIC DESIGN, CONTENT CREATION, COPYWRITING, DIGITAL MARKETING, BUSINESS DIRECTORY LISTING AND INTERNET ADVERTISING.
THE CLIENT UNDERSTANDS THAT DISTROCUTS PROVIDES OUR PRODUCT AND SERVICES AT OUR DISCRETION WITH THE INTENT TO BENEFIT THE CLIENT AND WE CANNOT OTHERWISE BE COMPELLED TO PROVIDE ANY OF OUR PRODUCTS OR SERVICES TO THE CLIENT AT ANY TIME THROUGHOUT THE TERM OF THIS AGREEMENT.
THE CLIENT AGREES TO NOT ENDORSE, SPONSOR, CREATE, ENGAGE OR PARTICIPATE IN ANY OTHER WEBSITES, ECOMMERCE OR INTERNET PLATFORMS THAT ACCEPT PAYMENTS OR BOOKINGS THROUGHOUT THE TERM OF THIS AGREEMENT.
THE CLIENT AGREES TO NOT ENDORSE, PROMOTE OR PARTICIPATE IN ANY SERVICES THAT COMPETE WITH DISTROCUTS PRODUCTS AND SERVICES PROVIDED TO THE CLIENT THROUGHOUT THE TERM OF THIS AGREEMENT.
DISTROCUTS IS AUTHORIZED TO INCLUDE OR PROVIDE THE CLIENT WITH ANY OF OUR CURRENT OR FUTURE PRODUCTS, SERVICES AND OFFERINGS.
SECTION 3. SERVICE FEES
DISTROCUTS CLIENTS WILL HAVE FOUR OPTIONS FOR THE ONLINE ORDER FEES.
STRIPE : OPTION 1 - STORE PAYS 2.9% + $0.3 OF TOTAL & CUSTOMER PAYS $5
STRIPE : OPTION 2 - STORE PAYS NOTHING & CUSTOMER PAYS 7.5% & $0.5 TO STRIPE + $5
DISTROCUTS WILL CHARGE THE CLIENTS CUSTOMERS PROCESSING FEES TO COVER HOSTING, MAINTENANCE AND OVERHEAD COSTS.
SECTION 4. TERM, RENEWAL AND TERMINATION OF THIS AGREEMENT
THIS AGREEMENT IS EFFECTIVE FROM THE START DATE AND CONTINUES FOR A PERIOD OF ONE YEAR. THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS OF ONE YEAR UNLESS OTHERWISE CANCELLED BY DISTROCUTS OR UPON REQUEST MADE BY THE CLIENT 365 DAYS AFTER THE START DATE. CANCELATION REQUESTS MUST BE EMAILED TO SUPPORT@DISTROCUTS.COM FROM YOUR ACCOUNT EMAIL. REQUESTS TO TERMINATE THE AGREEMENT MAY TAKE UP TO 90 DAYS FOR THE SERVICES TO BE PROCESSED AND VERIFIED ONCE RECEIVED.
THE CLIENT AGREES TO USE THE WEBSITE PROVIDED BY DISTROCUTS FOR A MINIMUM 365 DAYS AFTER THE FIRST DAY OF THE WEBSITES LAUNCH.
DISTROCUTS’S PLATFORMS, PRODUCTS, SERVICES AND OFFERINGS MAY NOT BE USED TO TRADE, SELL OR OTHERWISE PROMOTE ANY ILLEGAL PRODUCTS OR SERVICES. THE SALE OR TRADE OF ILLEGAL PRODUCTS OR SERVICES ON DISTROCUTS’S PLATFORM MAY RESULT IN IMMEDIATE CANCELATION OF THIS AGREEMENT WITHOUT NOTICE.
DISTROCUTS RETAINS THE RIGHT TO CANCEL THIS AGREEMENT SOLELY BASED ON OUR DISCRETION AT ANY TIME WITHOUT NOTICE. DISTROCUTS MAY CANCEL THIS AGREEMENT FOR REASONS THAT INCLUDE BUT WILL NOT BE LIMITED TO VIOLATION OF THIS AGREEMENT AND FAILURE TO REIMBURSE DISTROCUTS FOR REFUNDED ORDERS.
SHOULD THE CLIENT VIOLATE THIS AGREEMENT OR DISTROCUTS CANCEL THIS AGREEMENT, THE CLIENT MAY LOSE RIGHTS AND PRIVILEGES TO ACCESS ANY OF DISTROCUTS’S PLATFORMS, PRODUCTS, SERVICES AND OFFERINGS. DISTROCUTS WILL NOT HAVE ANY OBLIGATION TO CONTINUE PROVIDING THE CLIENT WITH ANY OF OUR PRODUCTS, SERVICES OR OFFERINGS.
THE CLIENT AGREES THAT A FEE OF $3,000 MAY BE BILLED VIA INVOICE TO THEIR BUSINESS ACCOUNT IF THE CLIENT DOES NOT ACCEPT ORDERS FROM THE WEBSITE PROVIDED BY DISTROCUTS WITHIN 60 DAYS OF THE WEBSITE BEING CREATED, COMPLETE, & READY TO USE. THE BILL & INVOICE MUST BE PAID IMMEDIATELY.
THE CLIENT AGREES THAT FORCING TERMINATION BEFORE THE 365 DAY PERIOD ENDS AFTER LAUNCH BEGINS, WILL RESULT IN A $3,000 BILL & INVOICE CHARGED TO THEIR BUSINESS ACCOUNT WHICH MUST BE BE PAID IMMEDIATELY.
SECTION 5. LIMITATION OF LIABILITY
DISTROCUTS IS HEREBY AUTHORIZED TO REPRESENT THE CLIENT AND IT’S BRAND THROUGHOUT THE LIFESPAN OF THIS AGREEMENT FOR THE PURPOSES RELATED TO OUR PLATFORMS AND THE DELIVERY OF OUR PRODUCTS, SERVICES AND OFFERINGS WHICH INCLUDES BUT IS NOT LIMITED TO WEBSITE DESIGN, SEARCH ENGINE OPTIMIZATION, MARKETING AND ADVERTISING.
THE CLIENT GRANTS DISTROCUTS NON-EXCLUSIVE PERMISSION TO USE ALL OF THE CLIENT’S LOGOS, TRADE NAMES, TRADEMARKS, SLOGANS AND COPYRIGHTED ASSETS FOR MARKETING RELATED PURPOSES. THE CLIENT AUTHORIZES DISTROCUTS TO USE ANY OF THE CLIENT’S LOGOS, TRADE NAMES, TRADEMARKS, SLOGANS AND COPYRIGHTED ASSETS FOR THE CREATION, DELIVERY OR FULFILLMENT OF OUR PRODUCTS, SERVICES AND OFFERINGS.
SECTION 6. CONTENT OWNERSHIP AND RIGHTS
DistroCuts retains absolute and exclusive ownership over all its platforms, data, content, products, services, digital assets and creations which includes but will not be limited to all assets, products or services provided by DistroCuts to the Client.
The Client understands that all digital assets, including domain names registered by or transferred to DistroCuts are the sole and exclusive property of DistroCuts. The Client understands that transferring domain names for management or any other reason indicates transferring of ownership of a digital asset to DistroCuts.
DistroCuts reserves the right to oversee and manage our assets however we see fit which may include but not limited to creating and maintaining any services being provided to the client.
The website, domain name and its contents are solely owned by DistroCuts and therefore may not be considered as assets to the client. DistroCuts provides ecommerce, marketing and advertising services to the client which will never be considered as property of the client and cannot be transferred to other parties.
DistroCuts retains the rights to use all information, content, data, facts and figures in any way we see fit without need for notice or client authorization.
SECTION 7. REFUNDS & RETURNS
The Client shall reimburse the full amount of any refunded orders to DistroCuts within 30 days of the refund being provided to the client. Failure to reimburse refunded orders to DistroCuts within 30 days shall cause a 10% penalty fee to be added to the outstanding balance every 5 days following the initial 30 day period.
