Terms & Conditions
“Agreement” is the signed contract, agreement, change order, or other binding document that references these Terms and Conditions. “WebTheory Media” means WebTheory Media LLC, a New Jersey Limited Liability Company. “Client” means a party that has signed an Agreement with WebTheory Media.
Client is engaging WebTheory Media as an independent contractor for the specific project outlined in the Agreement.
WebTheory Media does not warrant the number of sales per visitor that the Purchaser will make or the traffic or number of visitors that will visit Purchaser’s specified website. WebTheory Media expressly disclaims and excludes all express and implied representations and warranties, whether statutory or otherwise. The Parties agree that, except as may be expressly provided in this Agreement, neither has made or makes to the other any representations or warranties respecting the compensation that the other may expect to earn or receive pursuant to this Agreement, or otherwise. Search engine optimization inherently runs risks of algorithmic changes or manual optimization actions by search engines. WebTheory Media offers no guarantee or warranty of present or future placement, improvement or in any specific search engine.
WebTheory Media’s liability for default or breach, including breach of any guarantee or warranty expressed within this Service Agreement, shall be limited to the lesser of (i) the amount actually paid to WebTheory Media by Purchaser under this Service Agreement or (ii) ten thousand dollars. WebTheory Media is not responsible for loss of income or projected loss of income for any reason, including, but not limited to, server failure, traffic variation, shipping cost variations, website unavailability, order decreases, search engine algorithm changes, manual optimization actions by search engines, keyword position decreases, data corruption, or data loss. Purchaser is responsible for, and WebTheory Media has no liability for, the content, products, services, trademarks and other aspects of the website that are related to Purchaser’s business, industry, and competitors.
Term Of Agreement
The “Initial Term” of this Agreement shall be for the time period set forth in the “Service Agreement” and shall commence upon the “Effective Date” indicated therein. This Agreement shall be automatically renewed for 30 day terms thereafter. After the “Initial Term”, either party may cancel by giving the other party at least thirty (30) days written (email is acceptable) notice prior to the expiration of the renewal term. This Agreement is effective as of the “Effective Date” (the date the Client signs the Services Order Form), unless otherwise agreed to by the parties and set forth in a “Special Instructions” section of the “Service Agreement”. Billing for the services set forth on the “Services Agreement” (collectively the “Services”) shall commence upon the “Effective Date”.
Payment Of Fees
Payments must be made promptly. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent 60 days after its due date, an additional 5% penalty will be added for each month of delinquency. WebTheory Media also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
For any action involving matters of this Agreement, venue shall lie in Middlesex County, New Jersey.
This Agreement shall be governed by the laws of the State of New Jersey.
During the term of the Agreement with WebTheory Media and for a period of five (5) years after the Termination Date of all Agreements with WebTheory Media, Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of WebTheory Media to terminate his or her employment or services with WebTheory Media or to perform any work or services for Client or any of Client’s customers, vendors, or affiliated companies.
During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with WebTheory Media, Client agrees to take no action which is intended, or would reasonably be expected, to harm WebTheory Media or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to WebTheory Media.
WebTheory Media may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of WebTheory Media’s services and products subsequent to such a change will signify your assent to be bound by such changes. Client is responsible for periodically reviewing this website to review the current Terms and Conditions.
Client may not assign any Agreement or its rights and obligations under any Agreement or Terms and Conditions.
The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Sections 8 and 9 (“Applicable Law” & “Non-Solicitation”) of these Terms and Conditions shall survive any termination of these Terms and Conditions.
No Waiver Of Rights
If one Party breaches these Terms and Conditions, then the failure of the other Party to enforce any rights under these Terms and Conditions shall not be deemed a waiver of any such rights. The rights and remedies of the parties, as set forth in these Terms and Conditions, are not exclusive and are in addition to any other rights and remedies provided by law.
By either electronically signing or physically signing a Service Agreement, I attest that I have read, understand, and agree to these Terms and Conditions.
Effective: May 20, 2020
Last Updated: May 20, 2020