The undersigned Customer, as identified above, hereby enters into this Service Agreement and Order (this “Agreement”) with DOUBLE UP HOLDINGS LLC, a Georgia limited liability company (“Double Up”) effective as of the date shown above the signature lines (the “Effective Date”).
1. Project Proposal and Cost Summary.
Customer hereby approves and agrees to the project proposal prepared by Double Up dated {sent_date} (the “Project Proposal”), including the fees and expenses set forth in the section thereof entitled Cost Summary. The Project Proposal contemplates (a) a specific website design, development, and/or optimization project to be completed by Double Up (the “Website Project”), and/or (b) recurring services (the “Recurring Services”). Customer hereby engages Double Up, and Double Up hereby accepts such engagement, to complete the Website Project and provide the Recurring Services in accordance with the terms, specifications and conditions of the Project Proposal and this Agreement.
2. Completion of Website Project.
Customer and Double Up agree that the Website Project must be completed and approved by Customer on or before the date which is one hundred eighty (180) days after the Effective Date (the “Project Completion Date”). Customer agrees to provide all information and content for the completion of the Website Project, and all feedback, comments and other input regarding Double Up work product, promptly to allow for the timely completion of the Website Project. Customer hereby agrees that the term of this Agreement with respect to the Website Project will expire on the Project Completion Date, and the website and other work product delivered by Double Up as of such Project Completion Date shall be deemed final and fully satisfactory to Customer. Should Customer desire for Double Up to incur additional time regarding the Website Project after the Project Completion Date, Customer shall pay Double Up in advance.
3. Recurring Services.
The term of this Agreement with respect to the Recurring Services shall commence on the Project Completion Date or the Project Launch Date, whichever shall come first, and continue for an initial period of one (1) year and the term shall automatically renew for additional periods of one (1) year each. Following the initial term, the Customer or Double Up may give the other written notice of non-renewal provided at least thirty (30) days prior to the last day of the initial or any renewal period. The annual fee for Recurring Services, in the amount set forth in the Project Proposal or as revised from time to time by Double Up with written notice thereof to Customer, shall be due and payable in full at the commencement of each renewal period.
4. Master Terms and Conditions and Acceptable Use Policies.
Customer and Double Up hereby agree that all of the terms and provisions of Double Up’s Master Terms and Conditions and Acceptable Use Policies are incorporated into this Agreement as if set forth in their entirety herein. Customer hereby acknowledges that Customer has carefully reviewed and understands such Master Terms and Conditions and Acceptable Use Policies. In the event of any conflict between any provision of this Agreement and any provision of the Master Terms and Conditions or the Acceptable Use Policies, the terms and provisions of this Agreement shall prevail and take precedence.
5. Notices.
All notices, including all requests, demands or other communications hereunder, shall be in writing and shall be delivered by personal delivery, overnight mail or delivery service, or United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below the signature of each party below, or to such other address as either party may from time to time designate by notice in writing to the other party. Notice is deemed to have been received as follows: (i) if a notice is delivered in person, or sent by registered or certified mail, or nationally recognized overnight courier, upon receipt as indicated by the date on the signed receipt; and (ii) if the addressee rejects or otherwise refuses to accept the notice, or if the notice cannot be delivered because of a change in address for which no notice was given, then upon the rejection, refusal, or inability to deliver the notice.