Effective: 9 September, 2015
The following Online Marketing Terms of Service (the “Terms”) is a binding agreement between you, either an individual subscriber, customer, member, or user or a single entity (“You”, “Client” or collectively “Users”) and Br8kthroo Corp (“Br8kthroo”) regarding your Online Marketing administered by Br8kthroo.
By making an initial payment to Br8kthroo for an Online Marketing items as listed on our Br8kthroo Services Pricing Agreement, you agree to be bound by these Terms of Service. You hereby represent and warrant to Br8kthroo that you are capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the Br8kthroo Services on behalf of a business, you hereby represent to Br8kthroo that you have the authority to bind that business and your acceptance of these Terms of Service will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms of Service.
General Availability is anytime between 9 a.m. through 5 p.m. CTS, Monday through Friday. We do our best to keep the lines of communication open during peak project times and we expect to reach the Client as necessary. Our office is located at:
5460 Babcock Rd, #120c,
San Antonio, TX 78240
Communication between the Client and the company will be conducted by phone, e-mail, or Skype. Monthly meetings are preferable, but we are flexible and willing to discuss Client’s terms. We appreciate feedback so we encourage any that is given to the company.
Provide all information and documentation that Br8kthroo may request from you or that may otherwise be useful to us in connection with the performance of services; and immediately advise Br8kthroo of any changes to your operations or other information that may require a change in the scope or particulars of the services.
In the event of changes to the scope of work, Br8kthroo reserves the right to renegotiate this agreement and, if the Client agrees to continue thereafter on the renegotiated terms.
Payment can be made via Visa/MasterCard, PayPal, and company check. To make a payment via PayPal send money to firstname.lastname@example.org. To make a payment via check, write a check payable to Br8kthroo Corp
Handling of Disputes
This agreement will be governed by and construed in accordance with the laws of Texas. Any dispute that arises relating to this agreement shall be settled by arbitration in Bexar, Texas, in accordance with the rules of the American Arbitration Association, provided that discovery shall be governed by the civil procedure rules of Texas or any successor statute, and judgment upon the award rendered may be entered in any court having jurisdiction. You agree to waive any objection to the jurisdiction of such venue.
Notwithstanding the preceding paragraph, with respect to the collection of past due monies that you owe to Br8kthroo in accordance with the terms of this letter agreement equal to or less than the jurisdictional limit for small claims court in San Antonio, Texas , Br8kthroo shall be permitted, in Br8kthroo ‘s sole discretion, to bring a summary proceeding against you in such court and you agree to waive any objection to personal jurisdiction or venue, and any right to a trial before jury, in any proceeding in these courts. You agree to pay all costs and expenses, including but not limited to, reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.
In the unlikely event litigation is commenced between the parties of this Agreement, the party prevailing shall be entitled, in addition to other relief, to a reasonable sum for attorney’s fees.
This agreement will continue until completion of the services, unless terminated earlier by either party upon 30 days advance written notice. In the event of termination, the Client shall pay Br8kthroo for services rendered plus all unpaid reimbursable expenses up to the date of termination.
Notwithstanding the previous paragraph, if you intentionally or repeatedly do not abide by these terms, and the situation is not resolved within 10 days of receiving written notification from Br8kthroo, we reserve the right to end the project immediately.
This agreement shall only be amended upon the written approval of both parties. You are not permitted to assign your rights, duties, or obligations under this agreement to any other party without Br8kthroo prior written consent. This agreement constitutes the entire agreement between you and Br8kthroo with respect to the performance of the services set forth above. This agreement supersedes any previous agreements between these parties relating to the performance of these services. Br8kthroo reserves the right to list you as a client on our website, and social media sites.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof, whether oral or written. Only a writing that is duly executed by both the parties may modify this Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. Each person who signs this Agreement represents and warrants that he or she does so after full opportunity to consult with counsel and with the full and legal authority to execute this Agreement on behalf of the respective parties to this Agreement.
To the fullest extent allowed by law, Contractor shall protect, defend, indemnify and hold Client harmless against any loss, expense, damage, claim, or injury suffered or sustained by Contractor by reason of any oral or written information provided by Contractor, Contractor’s marketing and fulfillment of its services and Contractor’s contractual relationships with customers, brokers, agents, vendors, banks and investors, as well as any negligence or willful misconduct by Client, or any breach by Client of this Agreement. Client agrees to indemnify and hold Contractor, its affiliates and each of their officers, directors, shareholders, employees and agents harmless from and against all losses, damages, liabilities, costs and expenses arising directly or indirectly out of any claim based upon any oral or written representation or statement by Client, any negligence or willful misconduct by Client, or any breach by Client of this Agreement.
Contractor represents and warrants that all services performed under this Agreement will comply with all applicable laws and regulations. Contractor will act at all times in accordance with applicable law and n the best interest of Client in connection with this Agreement.