To pay $197 per month for an exclusive listing on our website in the agreed business-category(s) in the agreed Manhattan neighborhood(s) . . .
Please click the button below : (clicking the button below is taken as legal confirmation that you have read, understood, and agree, to all the details below.) :
Plain English description of services:
While the recurring monthly payment continues to be received by us, we agree to list your business exclusively in the agreed business-category(s) and the agreed Manhattan neighborhood(s) on this website, and to mail the web-address of this website to all new homeowners in Manhattan, NY, at least once a month.
This Contract for Services (this “Contract”) is made effective as of the date the first payment is received by Manhattan-Businesses.com, by and between the company or individual on behalf of whom the payment is made, and Manhattan-Businesses.com, and continues to be in effect while monthly payments are received. In this Contract, the party who is contracting to receive services will be referred to as “Client” and the party who will be providing the services will be referred to as “Manhattan-Businesses.com”.
1. DESCRIPTION OF SERVICES. Beginning on upon agreement to this contract, Manhattan-Businesses.com will provide to Client the following services (collectively, the “Services”):
While the recurring monthly payment is received by us, we will list your business the agreed business-category(s) and the agreed Manhattan neighborhood(s) on our website (http://manhattan-businesses.com/). These “agreed” listing details are defined as the already existing relevant listing(s) pertaining to the client on our website at the time of payment (unless the listings agreed, by communication with a representative of Manhattan-Businesses.com, are different from those already in place, in which case we will change the details on our website within 7 days).
While the recurring monthly payment is received by us, we will mail the URL of this website to all new homeowners (who’s details we obtain) in Manhattan, NY, at least once per month.
We cannot be held responsible for any deficiencies in the service provided by the WebHost that we use for this website (such as occasional interruptions in service for maintenance, any problems due to unauthorized access to this website or to any relevant data pertaining to this website etc.).
We cannot be held responsible for any deficiencies in the service(s) provided by the other service(s) that we use to provide the agreed service(s) to the clients (currently defined as delivering a postcard, fridge magnet, or other physical object, showing the URL of this website, to all new homeowners in Manhattan (according to the data we are able to obtain), at least once a month).
The times we agree to as stated within this contract are defined as being from the time when we receive said notifications (such as payments, emails etc.) from the Client, which may differ from the time they might have been sent.
2. PAYMENT FOR SERVICES. In exchange for the Services, Client will pay Manhattan-Businesses.com according to the following schedule:
Monthly recurring payment of $197.
3. TERM. This Contract will continue while the Client continues to pay the monthly recurring payment (this amount is subject to changes without notice by Manhattan-Businesses.com). The contract can be terminated by either party at any time, after 30 days notice is given (no paid fees will be reimbursed).
4. WORK PRODUCT OWNERSHIP. All content (if any) supplied by the Client, or details about the client’s business remains in their ownership. Manhattan-Businesses.com reserves the right to use the finished public product as examples of product.
Manhattan-Businesses.com further agrees that all of the Client’s materials accessed during the ongoing creation of this website (if any), belong solely to the Client. Manhattan-Businesses.com has no rights to ownership of these items in any way.
5. CONFIDENTIALITY. Manhattan-Businesses.com, 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 Manhattan-Businesses.com, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client that does not appear on the public website. Manhattan-Businesses.com 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.
6. WARRANTY. Manhattan-Businesses.com 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 Manhattan-Businesses.com’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Manhattan-Businesses.com on similar projects. The only recompense allowed, in case of proven deficiency, is a refund of the proportion of the money paid that pertains to said proven deficiency.
7. REMEDIES. In addition to any and all other rights a party may have available according to 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 (by email) to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 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 result in the automatic termination of this Contract.
8. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
9. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be 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 will be deemed to be written, construed, and enforced as so limited.
10. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
11. GOVERNING LAW. This Contract shall be construed in accordance with the laws of international internet law.
12. 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, or by email received by the other party, to the address one party may have furnished to the other in writing (or by email).
13. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
14. AGREEMENT TO THIS CONTRACT. Clicking on the payment button above (or making payment by any other means) is considered to certify that the Client has read, understood, and agreed to all of the terms of this agreement (as contained on this webpage, subject to change without notice).