This Contract (this "CONTRACT") is made effective as of the date signed, by and between Shane Worley The Marketing 1 LLC, of 610 Meacham Rd #1190, Elk Grove Village, Illinois 60007, and the signatory authorized representative for Ryan Farms, hereafter referred to as the “CLIENT”.
1. DESCRIPTION OF SERVICES. Beginning on the date signed and payment processed, Shane Worley The Marketing 1 LLC will provide to the client the following services (collectively, the "SERVICES"): Digital Marketing Services as selected and agreed to by the CLIENT. These include: Creating a website with up to 4 additional pages at no additional cost beyond the monthly hosting fee of $50 which will be invoiced separately and specified within a separate contract. Connect an additional 16 pages to this website at $50 per page for every 250 words of content total of $800. As per the client's specifications, content will be provided. Discounted this cost by 50% to $400. Create Go-Daddy account and purchase domain. Go Daddy cost at checkout $32.98 Total to be invoiced $432.98 Any additional services requested outside of those specifically requested in this contract may be beholden to an additional contract or invoice of services. These SERVICES are monthly recurring throughout the month-to-month contract.
2. PAYMENT. Payment shall be made to Shane Worley. The CLIENT agrees to pay installment payment(s) of the recurring cost associated with the specific package selected as specifically defined in the SERVICES above, by the CLIENT per month. In addition to any other right or remedy provided by law, if the CLIENT fails to pay for the SERVICES when due, Shane Worley The Marketing 1 LLC has the option to treat such failure to pay as a material breach of this CONTRACT and may cancel this CONTRACT and/or seek legal remedies. No refunds will be granted as work begins when this contract is signed.
3. WARRANTIES. Shane Worley The Marketing 1 LLC shall provide its SERVICES and meet its obligations under this CONTRACT in a timely and workmanlike manner, using knowledge and recommendations for performing the SERVICES which meet generally acceptable standards in Shane Worley The Marketing 1 LLC's community and region and will provide a standard of care equal to, or superior to, care used by service providers similar to Shane Worley The Marketing 1 LLC on similar projects.
4. TERM. This CONTRACT may be terminated by either party upon 30 days prior written notice to the other party. The duration of this CONTRACT is a month-to-month period and will continue until canceled or requested for cancellation by/with Shane Worley The Marketing 1 LLC or the CLIENT.
5. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of the CLIENT are the property of the CLIENT.
6. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Shane Worley The Marketing 1 LLC in connection with the SERVICES will be the exclusive property of the CLIENT. Upon request, Shane Worley The Marketing 1 LLC will execute all documents necessary to confirm or perfect the exclusive ownership of the CLIENT to the Work Product.
7. DEFAULT. The occurrence of any of the following shall constitute a material default under this CONTRACT: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency. d. The failure to make available or deliver the SERVICES in the time and manner provided for in this CONTRACT.
8. REMEDIES ON DEFAULT. In addition to any other rights a party may have available according to the law if a party defaults by failing to substantially perform any provision, term, or condition of this CONTRACT (including without limitation the failure to make a monetary payment when due), the other party may terminate the CONTRACT by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall automatically terminate this CONTRACT.
9. FORCE MAJEURE. If the performance of this CONTRACT or any obligation under this CONTRACT is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
10. CONFIDENTIALITY. Shane Worley The Marketing 1 LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Shane Worley The Marketing 1 LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to the CLIENT. Shane Worley The Marketing 1 LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this CONTRACT. Upon termination of this CONTRACT, Shane Worley The Marketing 1 LLC will return to the CLIENT all records, notes, documentation, and other items that were used, created, or controlled by Shane Worley The Marketing 1 LLC during the term of this CONTRACT.
11. NOTICE. Any notice or communication required or permitted under this CONTRACT shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above, or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for or on the third day after mailing if not signed for.
12. ASSIGNMENT. Neither party may assign or transfer this CONTRACT without prior written consent of the other party, which consent shall not be unreasonably withheld.
13. ENTIRE CONTRACT. This CONTRACT contains the entire agreement of the parties regarding the subject matter of this CONTRACT, and there are no other promises or conditions in any other agreement whether oral or written. This CONTRACT supersedes any prior written or oral agreements between the parties.
14. AMENDMENT. This CONTRACT may be modified or amended if the amendment is made in writing and signed by both parties.
15. SEVERABILITY. If any provision of this CONTRACT shall be held invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. If a court finds that any provision of this CONTRACT 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.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this CONTRACT shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this CONTRACT.
17. APPLICABLE LAW. This CONTRACT shall be governed by the laws of the State of Illinois.