Silver Membership
Services Agreement
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Please CLICK TO read the Silver membership services agreement
THIS AGREEMENT is made BETWEEN
1. The undersigned "Buyer" below; and 2. Realti Hub LLC (the "Service Provider"), collectively referred to as the "Parties". RECITALS The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement. 1. Key Terms 1.1 Services The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement. : { 1 monthly edited video .} --- ---- Additional services [ multi media services , video editing , video productions, marketing tools ] 1.2 Delivery of the Services a. Start date: The Service Provider shall commence the provision of the monthly Services on the date of the execution of this service agreement . b. Completion date: The Service Provider shall cease to provide the Services by the end of 3 months from the date of the execution of this service agreement ("Completion Date"). c. Key Dates: The Service Provider agrees to provide the following parts of the Services at the specific dates set out below: {1 edited video once a month} , exact date on each month to be scheduled . 1.3 Site The Service Provider shall provide the Services at the following site(s): TBD .4 Price d. As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is $ 275 per month("Price") - or (only with a VIP member discount coupon: $ 225 per month ("special Price"). e. The Buyer shall NOT pay for the Service Provider’s out-of-pocket expenses such as travel expenses to a mutually agreed location. 1.5 Payment f. The Buyer agrees to pay the agreed Price to the Service Provider on a monthly basis through ongoing automated monthly credit card charges via our credit card processor and or PayPal . [the price for additional services will be paid by the buyer no later than the scheduled date of such additional services. g. The Service Provider shall invoice the Buyer through( PayPal or other) for the additional Services that been scheduled. h. The Buyer shall pay such invoices for the additional services no later than the day of such services are being perform. i. The method of payment of the Price by the Buyer to the Service Provider shall be by: ii. Credit card payment through (PayPal or other) no later than the scheduled appointment date. The following method of payment will only be accepted with prior written authorization: iii. [check] provided to the multi media producer at the scheduled appointment. iv. wire transfer to the following account: REALTiHub llc J.P. Morgan Chase bank Chk accnt - 902630883 Rout - 102001017 Address 5800 S Parker Rd Aurora, CO 80015 j. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such if applicable, shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder. 2. General terms 2.1 Intellectual Property Rights The Service Provider agrees to grant to the Buyer a non-exclusive, irrevocable, royalty free license to use, copy and modify any elements of the Material not specifically created for the Buyer as part of the Services. In respect of the Material specifically created for the Buyer as part of the Services, the Service Provider assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material the Service Provider shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the Service Provider and the Buyer. For the purposes of this Clause 2.1, "Material" shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Service Provider pursuant to this Agreement. 2.2 Warranty a. The Service Provider represents and warrants that: i. it will perform the Services with reasonable care and skill; and ii. the Services and the Materials provided by the Service Provider to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party. 2.3 Limitation of liability b. Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price. c. To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. d. Nothing in this Clause 2.3 will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence. 2.4 Term and Termination e. This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause 2.4(b), until the Completion Date. f. Either Party may terminate this Agreement upon notice in writing if: i. the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 7 days of written notice from the other Party so to do; or ii. a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party's assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party. iii.. If you cancel before your membership agreement ends, or if your membership was deactivated because you did not maintain the minimum monthly membership payment requirements, you will be charged a deactivation fee of $150 plus a prorated early cancellation fee depending on the discounts/special rates you received through the membership that you have cancel earlier .( services received would be owed at regular price- the difference on the membership discounted price received will then be owed ) ) Collection Costs. If you fail to pay amounts you owe us, you may be subject to collections by Realti hub or your account may be referred to a third party collection agency. To the extent permitted by law, you will pay us any costs and fees we reasonably incur to collect amounts you owe us. g. [{For European Buyers and Service Providers only}] If the Buyer is a consumer and the Distance Selling Directive (97/7/EC) (the "Directive") applies to this Agreement, the Buyer may terminate this Agreement within the relevant timescales prescribed by the regulations or laws in the relevant Member State which implement the requirements of the Directive in respect of a right for the Buyer to withdraw from a contract. In the event of termination in accordance with this Clause 2.4(c), the liability of the Buyer to the Service Provider shall be as prescribed in the Directive or in any regulations or laws implementing its requirements in the relevant Member States. h. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. 2.5 Relationship of the Parties The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties. 2.6 Confidentiality Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient. 2.7 Notices Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission (or electronic mail) to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by: x. electronic mail, when the Party sending such communication receives confirmation of receipt by electronic mail . email to : contact@realtihub.com 2.8 Miscellaneous l. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. m. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected. n. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. o. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. p. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto. q. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. r. This Clause 2.8(g) and Clauses 2.3, 2.5, 2.6, 2.7 and 2.8 of this Agreement shall survive any termination or expiration. s. This Agreement shall be governed by the laws of the jurisdiction of Broward County Florida ) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory. A copy and/or a digital copy of this Agreement shall have the same force and effect as an original.
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