SUBSCRIPTION SERVICE AGREEMENT
Connections Group, LLC, a Georgia limited liability company, provides the opportunity for business and individual service providers to participate in an internet-based, online referral service, further described below.
You (referred to as “Subscriber” or “you”) have subscribed to the Connections Group, LLC service (the “Service”) for the price specified in your invoice (“Invoice”) for your Connections Group, LLC subscription.
By subscribing to the Service, you expressly acknowledge that you have read, understood, and consent to and agree to be bound by this Agreement.
In order to use the Service, you must first agree to this Agreement. You may not use the Service if you do not accept this Agreement. You can accept the terms of this Agreement by (a) clicking to accept or agree to this Agreement where this option is made available to you on the Website, (b) printing and signing this Agreement and sending it to us, or (c) actually using the Service, in which case you understand and agree that Connections Group will treat your use as acceptance of this Agreement from that point onwards. You may not use the Service and may not accept this Agreement if you are not legally able to form a binding contract with Connections Group or are a person barred from using this Service under the laws of the United States of America.
- Connections Group, LLC will provide a profile on www.ourconnectionsgroup.com and will actively link and refer your business to people who have requested that type of service or services within your selected category of business. A representative of Connections Group will monitor posts and refer potential clients based upon the needs they have expressed. A link to your category will be provided to the potential client.
- Categorization of Business Subscribers. There may be a total of up to _____ businesses in any category. From time to time, and at the discretion of the owners, administrators, and/or managers of Connections Group, Connections Group may increase or decrease the number of allowable business subscribers in a particular category. In the event of a change in category structure, Connections Group agrees to provide the Subscriber with thirty (30) days written notice, upon which the Subscriber may elect to cancel the Services provided under this Agreement.
- Potential and actual clients will have the opportunity to provide reviews for Subscribers. Subscribers will be given the opportunity to respond to such reviews. Reviews, whether favorable or unfavorable, will not be manipulated or deleted by Connections Group unless they violate our Review Policy. Connections Group reserves the right to terminate this Agreement in accordance with the provisions in Section 3(b) due to excessive customer service issues of any kind between the Subscriber and potential or actual clients.
- Normal Rates. As consideration for the Service, you agree to pay Connections Group the amount of _________ per month.
- Discounts or Incentives. From time to time, and at the discretion of the owners, administrators, and/or managers of Connections Group, Connections Group may offer promotional rates, discounts, or incentives for provision of the Services.
- Price Adjustments. At the discretion of the owners, administrators, and /or managers of Connections Group, Connections Group may increase or decrease the pricing of its Services. In the event of a change in pricing, Connections Group agrees to provide the Subscriber with thirty (30) days written notice, upon which the Subscriber may elect to cancel the Services provided under this Agreement.
- TERM AND TERMINATION.
- Normal Duration. Unless terminated earlier as provided in Section 3(b) below, this Agreement will continue in effect for an initial period of six (6) months, and thereafter on a month-to-month basis unless terminated by either Party giving notice to the other Party at least thirty (30) days prior to the end of the initial term or any renewal term.
- Early Termination. Should either Party default in the performance of this Agreement or materially breach any of its obligations under this Agreement, including but not limited to, your failure to pay the fees set forth in the invoice when due, the non-breaching Party may terminate this Agreement. Prior to immediate termination, the non-breaching Party must provide written notice of the breach or default and an opportunity to cure the breach within ten (10) business days after having received the notice. In the event of such termination, Connections Group must be paid for any portion of the Service provided prior to the termination.
- INDEMNITY AND LIMITATIONS ON LIABILITY
- FORCE MAJEURE.
A party will be not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
- notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
- use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
- GOVERNING LAW.
- Choice of Law. The laws of the state of Georgia govern this agreement (without giving effect to its conflicts of law principles).
- Choice of Forum. You agree that Connections Group, the Service, and the Website will be deemed as being solely based in the State of Georgia, regardless of where you are while using or accessing the Service, the Content, and/or the Website, or where any server used in connection with the storage and/or deliver of the Service and/or the Content is located, and that it constitutes a “Passive Website” for purposes of personal jurisdiction under the Constitution of the United States and the statutes enacted by other jurisdictions. You agree that a court of competent jurisdiction located in the State of Georgia will have exclusive jurisdiction over any dispute, cause of action, or claim arising under or related to this Agreement, the Service, or the Content.
- Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees.
- ASSIGNMENT AND AMENDMENT.
- This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, successors, and/or permitted assigns; provided, however, that neither party may assign any of its rights under this Agreement except with the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the preceding sentence, either Party may assign this Agreement to a third party that is owned or controlled by the assigning Party or is acquiring substantially all of the assets of the assigning Party.
- This Agreement and any of its provisions may be modified, amended, or discharged, only in writing and upon Agreement of both parties.
If any part of this Agreement is deemed invalid by a court of competent jurisdiction or arbitrator, the remaining provisions shall remain in full force and effect.
- Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
- A party shall address notices under this section 17 to a party at the following addresses:
If to the Company:
City, State Zip Code
If to the Subscriber: To the address of contact provided by the Subscriber upon registration for the Services provided.
- A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
A failure of either Party to exercise any right provided for in this Agreement may not be deemed to be a waiver of any right under this Agreement.
- ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement of the Parties and supersedes any and all prior agreements between the Parties with respect to the transactions set forth herein.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.