Website Care Plans

AUTHORIZATION

You are engaging Jonathan Westbrook Consulting, as a consultant to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes Jonathan Westbrook Consulting access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins (with attached licenses for use) for maintenance and security.

COPYRIGHT

Jonathan Westbrook Consulting does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

PRICING & PAYMENTS

All prices appearing on this site are subject to change without notice. Once a client of Jonathan Westbrook Consulting, you authorize Jonathan Westbrook Consulting to charge the payment method you submitted for all the invoices generated for the services rendered by Jonathan Westbrook Consulting. In order to cancel your recurring payment or change payment method, simply contact Jonathan Westbrook Consulting prior to your payment’s due date.

CANCELATION & REFUNDS

Cancellation of any monthly recurring service can occur at any time after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized by Jonathan Westbrook Consulting. And will be subjected to a month's cancellation fee. Plugins with attached licenses are not transferable after cancellation of service with Jonathan Westbrook.

REFUSAL OF SERVICE

Jonathan Westbrook Consulting reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

THIRD PARTY OR CLIENT PAGE MODIFICATION

With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Jonathan Westbrook Consulting. If anyone other than Jonathan Westbrook Consulting or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $195.00 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

Jonathan Westbrook Consulting does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.

To the extent not prohibited by law, in no event will Jonathan Westbrook Consulting be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if Jonathan Westbrook Consulting has been advised of the possibility of such damages.

Jonathan Westbrook Consulting does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Jonathan Westbrook Consulting disclaims any liability relating thereto.

This Work Statement Agreement is governed by the laws of Ohio, without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Jonathan Westbrook Consulting or relating in any way to your use of the created webpages or Internet website resides in the courts of the Ohio.

ACCEPTANCE

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Jonathan Westbrook Consulting reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the Jonathan Westbrook Consulting terms of service by email support@jonathanwestbrook.com

PROFESSIONAL CONSULTING

This Consulting Agreement (the “Agreement” or “Consulting Agreement”) states the terms and conditions that govern the contractual agreement between Jonathan Westbrook Consulting and The Client.

WHEREAS, the Consultant offers consulting services in the field of marketing strategy.

WHEREAS, the Client desires to retain the services of the Consultant to render consulting services with regard to lead generation / creative services according to the terms and conditions herein.

NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Consultant and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

1. Term

This Agreement shall be a 4, 6, 12 month term billed on the 1ST or 15TH automatically from the clients credit card of choice. Either Party may terminate this Agreement for any reason. If The “Client” initiates cancellation they agree to pay 25% of the remainder of the contract term for the agreed Consulting Services.

The Consultant agrees that it shall provide its expertise to the Client for all things pertaining to Marketing Initiative(s). Creative services for marketing initiatives are without cost and any creative services during the term are not held in liability to the “Consultant” for completion upon cancellation of the agreement.

2. Compensation

In consideration of the Consulting Services, the Client shall pay the Consultant at the rate of the agreed amount per month. The Consultant shall invoice the Client once every month ( 1ST or 15TH ) and such invoices shall be due and payable within [1] days of the Client’s receipt of the invoice. The client agrees to have all invoices paid automatically with a credit card of their choice and agree to keep said credit card on file for auto-drawl of the agreed amount until either party terminates services.

3. Intellectual Property Rights in Work Product

The Parties acknowledge and agree that the Client will hold all intellectual property rights in any work product resulting from the Consulting Services including, but not limited to, copyright and trademark rights. The Consultant agrees not to claim any such ownership in such work product’s intellectual property at any time prior to or after the completion and delivery of such work product to the Client.

4. Confidentiality

The Consultant shall not disclose to any third party any details regarding the Client’s business, including, without limitation any information regarding any of the Client’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or (iii) use Confidential Information other than solely for the benefit of the Client.

6. Non-solicitation of Customers

During the term of this Agreement and for [Number months for customers] months thereafter, the Consultant will not, directly or indirectly, solicit or attempt to solicit any business from any of the Company’s clients, prospects, employees or contractors.

7. Non-solicitation of Employees

During the term of this Agreement and for [Number months for employess] months thereafter, the Consultant will not, directly or indirectly, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Company’s employees, or contractors for work at another company.

8. Indemnification

The Client agrees to indemnify, defend, and protect the Consultant from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Consulting Services.

9. No Modification Unless in Writing

No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.

10. Applicable Law

This Consulting Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Ohio and subject to the exclusive jurisdiction of the federal and state courts located in Franklin County, Ohio.

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