Terms and Conditions
Terms and Conditions of Services Agreement
THIS AGREEMENT is made by and between S & S Business Consultants, LLC (“Company”) and its subsidiary G Map Pros(“Company”) and (“Customer”).
In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:
This policy is only applicable to paying advertisers on GMapPros.ai.
When you sign up for a monthly subscription program, you agree and are bound by the terms as stated on this page as well as policies throughout our agreement and this website. Any monthly subscription purchase is covered by our 30 day cancellation policy – you MUST make your cancellation request in writing and emailed to [email protected] and/or your consultant before the first of the month for the following subscription month’s billing. You can ONLY cancel your subscription in the final month of the agreed upon initial term.
Refunds are not being provided for services delivered in full such as a request made within the middle of the subscription month. You will continue to be billed after the end of your contract at the same contracted rate every month on your billing date until you cancel our services following the procedure outlined in the paragraph above. If you choose not to utilize our services once your contract expires you must notify us within 30 days before the end of your agreement.
If you are, for any reason, not entirely happy with your purchase and would like to request a refund, we will discuss options to help you facilitate an enjoyable experience with G Map Pros. Please contact us at [email protected], calling your representative or 816-605-3750 to discuss further options. We take customer feedback very seriously and use it to constantly improve our products and quality of service.
- Services Rendered.
Company agrees to render and be compensated for the Services according to the statement of work and invoice.
- Scope of Work.
Company agrees to provide Services pursuant to the statement of work.
- Delivery of Services.
Company will use reasonable diligence in the rendering of the Services. Customer acknowledges, however, that any stated delivery deadline and the other payment milestones listed in the statement of work/invoice are estimates and are not required delivery dates.
- Ownership Rights.
Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Company for use in the Services. Customer shall hold the copyright for the agreed-upon version of the Services as delivered, and Customer’s copyright notice may be displayed in the final version.
For all of Company’s services under this Agreement, Customer shall compensate Company, pursuant to the terms of statement of work and invoice. In the event Customer fails to make any of the payments referenced in this agreement by the deadline set forth in the invoice, Company has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove or withhold services or deliverables, or (3) bring legal action. If, Customer fails to comply with this agreement Company is entitled to stop or remove services while still demanding payment in full of the total contract amount. Agreements including recurring services will be defined in length by the dates set forth in the agreement and will automatically renew on a month to month basis until written notice is received no less than 30 days prior to requested cancellation.
- Limited Warranty and Limitation on Damages.
Company warrants the Services will conform to the Scope of Work. If the Services or Deliverables do not conform to the Scope of Work, Company shall be responsible to correct the Services or Deliverables without unreasonable delay, at Company’s sole expense and without charge to Customer, to bring the Services or Deliverables into conformance with the Scope of Work. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Company is not responsible for the results obtained by Customer on the Services. Customer waives any claim for damages, direct or indirect.
- Independent Contractor.
Company shall be retained as an independent contractor. Company will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Company’s behalf. Company understands that it will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
- Content / Data
Customer agrees to make available to Company, any and all necessary content or data required for satisfaction of the statement of work, unless otherwise specified. Customer understands and agrees that failure to deliver content or data within the agreed time schedule will remove liability from Company up to an including termination of the agreement.
- General Provisions.
10.1 Entire Agreement.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
10.2 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Exclusive jurisdiction and venue shall be in the Jackson County, Missouri Superior Court.
10.3 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of Customer and Company and their respective successors and assigns, provided that Company may not assign any of its obligations under this Agreement without Customer’s prior written consent.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
10.5 Good Faith.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
10.6 Right to Remove Services.
In the event Customer fails to make any of the payments set forth on the invoice within the time prescribed, Company has the right to remove or withhold the Services or Deliverables until payment in full is made. The agreement shall not be terminated by Customer prior to the date set forth in the agreement.
Customer warrants that everything it gives Company to use in the delivery of the Services or any deliverable is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the Services, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the Services or Deliverables.
10.8 Use of Services for Promotional Purposes.
Customer grants Company the right to reference the Services or Deliverables or the Customer’s name for promotional purposes and/or to cross-link it with other Services offered by Company.
10.9 No Responsibility for Theft.
Company has no responsibility for any third party taking, stealing, destroying or otherwise ruining all or any part of the Services or Deliverables rendered under this Agreement.
10.10 Attorney’s Fees.
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.
10.11 Identification of Company.
Customer agrees that Company’s identification may be associated with the Services or Deliverables as the creators. Customer also agrees to put Company’s copyright notices on the Services or Deliverables and the relevant content therein.
10.12 No Responsibility for Loss.
Company is not responsible for any down time, lost files, improper links or any other loss that may occur from any service or deliverable related to Company’s work or the rendering of the Services or Deliverables.
10.13 General Google Disclaimer.
This agreement is binding and will commence for the entire agreed upon term.