Lead Source Management Maintenance Contract Terms and and Conditions
Effective September 1st, 2019
This Maintenance Contract (“Contract”) is entered into as of the day the Client initially purchases the Services (the “Effective Date”) by and between RSPW Holdings, LLC – Series A, a Texas serial limited liability company, doing business as Lead Source Management (the “Company”), and the individual or entity who signs the Maintenance Contract (“Client”), each a “Party” and collectively, the “Parties.”
The term of this contract will start on the Execution Date and continue as follows:
- Month to month, for at least a minimum of six (6) months, until one party provides the other party with written notice, in accordance with the Section 6 – Termination and Section 7 – Notices.
Plan Selection, Compensation, and Billing:
Client opts for the month to month contract for Services:
- In consideration for providing the below listed Services, Client agrees to be billed $69 monthly on the first of each month.
- Clients first payment will be pro-rated, calculated by the day they purchase the Services, and include a $50 setup fee.
- By purchasing Services from the Company, you authorize regularly scheduled charges to your checking/savings account or credit card on your billing date. You will be charged the amount indicated above for each billing period. You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected.
Company agrees to provide the following to the Client (hereinafter referred to as the “Services”):
- Company, using its technical specialists and expertise, will assist Client in maintaining their lead generation and follow-up system.
- Maintenance of the lead follow-up system includes ensuring connections between third-party services are operational, ensuring that leads are being routed appropriately, and ensuring that automation is intact and functioning.
- Previous clients of the Social Agent will also receive assistance in maintaining their ads, provided they are setup in accordance with the Social Agent training program.
- Maintenance requests are limited to four per calendar month. Any maintenance requests in excess of 4 per month will incur a $20 fee per request.
Company asserts the following exclusions to this contract:
- Company will not provide “routine” maintenance to Clients follow-up systems. Maintenance will be completed on an as-needed basis utilizing requests for maintenance submitted by Client.
- Maintenance does not include the rebuild of a total system failure secondary to alterations by Client, third-party service providers, non-payment to third-party system providers, or other unanticipated actions.
- Maintenance does not include systems not covered by Company and listed below
- Maintenance does not include the connecting of new third-party service providers to an already established follow-up system
- Failure or outages by third-party service providers are not the responsibility of Company
Parties makes the following Representations to one another:
- Client agrees to submit to Company login information as a part of their maintenance requests to ensure efficiency in providing maintenance.
- Client understands that maintenance does not include education on how systems work, how they should function, or an obligation to explain in detail how maintenance requests were fulfilled.
- Client agrees to hold Company harmless for any issues arising from accessing their accounts or providing maintenance.
- Company agrees not to maintain a database of client’s login and password information and encourages Client to change their password information after each request.
- Company agrees not to copy, download, transcribe, or otherwise extract Clients proprietary information.
Client acknowledges that the company incurs monthly costs associated with their account and that all charges made in accordance with his agreement are final, and no refunds will be provided, approved, or considered. Client agrees to reimburse Company for any costs associated with defending a payment dispute made in violation of this contract. Additionally, Client agrees to pay all costs of collections associated with any unpaid debt, including reasonable interest, reasonable attorney’s fees (if suit is filed), and reasonable collection agency fees.
GOVERNING LAW/VENUE. THIS CONTRACT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AGREEMENTS MADE IN AND WHOLLY PERFORMED IN THAT JURISDICTION, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THE PARTIES HERETO EXPRESSLY SUBMIT AND CONSENT TO THE JURISDICTION OF THE COURTS PRESENT IN THE STATE OF TEXAS, COUNTY OF BASTROP, IN ANY ACTION BROUGHT TO ENFORCE (OR OTHERWISE RELATING TO) THIS AGREEMENT.
If Client wishes to terminate their Contract, an email should be sent in accordance with the section below, Section 7 – Notices.
Any notices or communications required or permitted to be given by this Agreement must be (i) given in writing, and (ii) be personally delivered or mailed by prepaid mail or overnight courier, electronic mail, or by facsimile transmission delivered or transmitted to the party to whom such notice or communication is directed, to the address of such party as follows, or any other address provided to the other parties to this Agreement:
To Company: Lead Source Management
499 Hwy 71 West #102
Bastrop, TX 78602
To Client: Contact information provided at sign-up
Whenever the context requires, the gender of all words used in this Agreement include the masculine, feminine and gender neutral and the singular includes the plural, and vice versa.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereon, and all prior agreements, representations, statements, negotiations, and undertakings are superseded. No provision of this Agreement may be amended, modified or waived unless such amendment, modification, or waiver is agreed to in advance, in writing, and
signed by the Parties. In the event that any provision of this Agreement or the application thereof shall be determined to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
The headings used in this Agreement are for the convenience of the Parties only and shall not be considered in interpreting the meaning of any provision of this Agreement.
List of Serviceable Third-party Applications
- Constant Contact
- Current lead capturing site
- File Sharing:
- Follow-up boss
- Google contacts
- Google Drive
- Google Forms
- KW Command (Coming soon)
- Meet Edgar
- Real Estate Webmasters
- Real Geeks
- Simply book
- Smart Alto
- Tango Card
- Top Producer (Coming soon)
- Wise Agent