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Agreement to Terms
Yes, I agree to the Terms of Agreement
Terms of Agreement
CLIENT desires to engage Energyhill and Energyhill agrees to render to CLIENT Pay Per Click (“PPC”) services based on the terms and conditions set forth herein. In consideration of the recitals and the mutual promises set forth in this AGREEMENT, the parties hereto agree as follows:
2. SERVICES PROVIDED
2.1 CLIENT agrees to retain Energyhill and Energyhill agrees to provide PPC services for CLIENT during the term of this AGREEMENT on the terms and conditions described. The objective is to improve CLIENT’s online visibility. The objective will be achieved by using Energyhill’s proven PPC techniques and expertise.
2.2 Energyhill agrees to provide the following services with the purpose of achieving satisfactory search engine rankings:
• 2.2.1 Keyword research.
• 2.2.2 Optimization of campaigns, ad groups, and keyword, negative keywords.
• 2.2.3 Monthly performance reports.
• 2.2.4 Ad and landing page creation.
• 2.2.5 Call tracking (minutes, call flows, toll free number).
• 2.2.6 Conversion tracking (calls, clicks, form submissions, etc.)
2.3 Energyhill's advertising management services include a maximum hours of billable time per month per plan.
• 2.3.1 Here are the maximum of billable hours per month for our plans:
• Small Business: 4 hours / month
• Standard: 8 hours / month
• Premium: 12 hours / month
• Enterprise: 16 hours / month
• 2.3.2 Any overage of hours would be billed at our agency rate of $200/hour, including email and phone consultations, client education and tutoring, and research, preparation and transmission of materials, extra reports, optimizations, documentation and information for implementation.
• 2.3.3 Overage of call tracking minutes will be billed at $.10/minute.
2.4 Energyhill shall perform all additional non-named services required to achieve the objective in section 2.1.
2.5 Energyhill shall perform all services in a diligent and responsible manner.
3.1 CLIENT is to pay the monthly amount before services can begin. This is based on the ad spend the CLIENT will spend. Prices are found here: https://energyhill.com/ad-packages/
3.2 CLIENT is to pay before work can begin for the landing page.
3.3 In the event that CLIENT does not pay within the allotted period, Energyhill shall be relieved of its obligation to perform its services under AGREEMENT.
3.4 Cancellation can be done at anytime. Any monetary amount is not reimbursed to CLIENT. Creative material that is hosted by Energyhill is exclusively available to the CLIENT, but will not be hosted upon cancellation of the account. Please call 800.959.1910 to cancel or talk with an account specialist about your account. You can also cancel your account here: https://energyhill.com/account-cancel/
3.5 Energyhill will bill advertising management accounts automatically on the 1st of every month, including any overages incurred (minutes, additional support hours).
4.1 CLIENT acknowledges that Energyhill has made no representations or guarantees regarding the results of its services.
4.2 CLIENT acknowledges that the services of Energyhill may not provide quantitative results either immediately or in the future and that such marketing services often provide benefits which cannot be quantitatively assessed.
4.3 CLIENT acknowledges that Energyhill has not guaranteed that CLIENT website will generate additional sales or obtain a specific number of views or visitors or a specific engine placement position.
5. INDEPENDENT CONTRACTOR
5.1 Energyhill shall not have any right, power or authority to create any contract or obligation, on behalf of, in the name of, or binding upon CLIENT except express or implied contracts based on the conditions of the work to be performed pursuant to this AGREEMENT.
6.1 Either party may terminate this AGREEMENT by giving 30 days written notice to the other of such termination.
6.2 In the event this AGREEMENT is postponed or terminated at the request of CLIENT, Energyhill shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.
7. DISPUTE RESOLUTION
7.1 If a dispute arises between Energyhill and CLIENT over this contract both parties agree that the dispute will not be resolved by lawsuit. Instead, Energyhill and CLIENT will work out the dispute, then, upon request by either party, the dispute will be resolved by arbitration conducted by the American Arbitration Association in CLIENT. Judgment upon any reward rendered by the arbitrator may be entered in any court of competent jurisdiction.
8. ENTIRE AGREEMENT
8.1 If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will remain in effect.
9. APPLICABLE LAW AND JURISDICTION
9.1 The AGREEMENT is subject to the governing laws of the State of Florida. Any action regarding this AGREEMENT must be brought in Tampa, Florida.
10. NECESSARY MATERIALS
10.1 CLIENT understands that it may not hold Energyhill responsible for failure of CLIENT to provide necessary materials, text and information, or to execute and/or implement recommended modifications, or to implement in a timely fashion.
11.1 Modifications independently made to pages by CLIENT which can substantially affect and alter optimization of and rankings for the site pages, without timely notification to Energyhill, may result in duplication of work by Energyhill. Optimizations have the potential to change keywords, ad groups and other elements of your campaign. This is acceptable and understood in the process of optimizing your account.
12. ELECTRONIC SIGNATURE
12.1 CLIENT acknowledges that CLIENT has fully read and understood AGREEMENT. By completing this form AGREEMENT, CLIENT agrees to the terms and conditions contained in it.
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