Terms and Conditions
As WHGC strives to offer the very best service, there are certain guidelines and policies that must govern WHGC’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of WHGC’s services. Such decisions are at the sole discretion of WHGC.
You agree to pay Whole House Generators CT (WHGC) monthly fees to cover the cost of placing and managing your generator-related services up to an amount not to exceed what is stated in your most recent Whole House Generators CT (WHGC) Contract. Whole House Generators CT (WHGC) may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.
All credit card payments require a 3% processing fee. If an account becomes 45 days past due, all campaign activities will be paused until payment is made, and the account is current. At 90 days past due, the account is to be handed over to collection.
The Client agrees to pay Whole House Generators CT (WHGC) compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. as applicable. Payments shall be made on the final day of each month for services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by credit card is due by the last day of that month (Net 15). Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.
The Whole House Generators CT (WHGC)) Contract specifies the initial term for which program rates will be guaranteed, and will be for no less than twelve (12) months for custom programs. All agreements are auto-renewing at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party.
REPRESENTATIONS AND WARRANTIES; LICENSE AND GRANT OF RIGHTS
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement, or violation of any copyright, trade secret, trademark, patent, invention, or any other nondisclosure rights of any third party. You indemnify and hold harmless Whole House Generators CT (WHGC) against all costs (including attorney fees), damages, and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, the proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Whole House Generators CT (WHGC) resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, Whole House Generators CT (WHGC) and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Whole House Generators CT (WHGC) services.
LIMITATION OF LIABILITY AND APPLICABLE LAW
The maximum aggregate liability Whole House Generators CT (WHGC) may have to you will be limited to the total amount of fees collected from you. Whole House Generators CT (WHGC) will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Whole House Generators CT (WHGC). This agreement shall be governed and construed by the laws of the State of Texas. Should a claim arise, you agree to waive a trial by jury and to first seek resolution by arbitration in Harris County, Georgia, using a mutually agreed-upon representative of the American Arbitration Association.
Neither you nor Whole House Generators CT (WHGC) will be in breach of its obligations under these Terms and Conditions of Service (other than the duty to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to, governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
Whole House Generators CT (WHGC) may assign, delegate or subcontract any rights or obligations under these Terms and Conditions of Service.
These Terms and Conditions of Service represent the parties’ entire agreement with regard to Whole House Generators CT (WHGC)’s provision of services. Agreement with these terms and conditions is upon signature of Whole House Generators CT (WHGC)’s Contract, and it will be binding upon you and your successors.
The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
EFFECTIVE UPON EXECUTION
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.