Sold in a Snap
Terms and Conditions
Terms and conditions are subject to change without notice. Please review them with each order.
All services provided by Sold in a Snap LLC are subject to these terms and conditions.
By completing payment for services, you agree to these terms and conditions.



DEFINITIONS

For the purpose of this agreement, “Services” shall be interpreted as references to any of the digital/online marketing services offered by Sold in a Snap, “the Client” shall be interpreted as references to the agent or person who signed up and paid for Services.

TERM
This Agreement shall be effective on the date of when the set up payment is processed (hereinafter referred to as the “Effective Date”). It will run on a month-to-month basis. Either party may terminate this contract with reasonable notice to the other party, as provided in the agreement.
PAYMENT
Payment Type. The Client must submit payment online using a credit or debit card.

Proration. The first month will be prorated and charged with the setup fee at the time of signup.

Costs. The Client will pay a one-time setup fee at startup as well as either a monthly payment (billed automatically on the 1st of each month following the startup month) or a yearly payment (due at time of signup).

Late Payment. Payments are due in advance, on the 1st of each month.

If the payment did not successfully process on the 1st business day of the month, it will be re-processed on the 2nd business day of the month.

If payment does not successfully process on the 2nd business day, Sold in a Snap will send an email notifying the Client to contact Sold in a Snap before the 7th of that month to process the payment successfully.

If any payments are made on or after the 8th, a late fee of $50 will be applied to the next payment.

Sold in a Snap will suspend activity on all Services on the 8th until payment is made, at which time, the Services will be resumed.

If payment is not made within 60 days of missed payment, this contract will be cancelled. If the Client would like to resume services after the cancellation, the Client will be charged another set up fee at that time for a new contract.




TERMINATION
This Agreement may be terminated if the following occurs:
This Agreement will be terminated immediately if one of the Parties breaches this Agreement.
This Agreement can be terminated at any given time by providing written notice to the other party a minimum of 10 business days before the following billing cycle.
Sold in a Snap’s Services will continue through the end of the final billing cycle/end of the month.

This Agreement will automatically be terminated when both Parties complete their obligations.

CLIENT OBLIGATIONS

The Client is responsible for providing all of the requested business, directory, login, account, marketing, and branding information as well as all media content needed for Sold in a Snap to provide the Services to the Client.

GUARANTEE

Sold in a Snap does not offer any guarantee of results. On the Client’s own behalf, and on behalf of the Services: Client acknowledges that it is familiar with Sold in a Snap’s offerings and is requesting Services with knowledge of Sold in a Snap’s lack of guarantee. Sold in a Snap shall use their best judgement to create content and marketing strategies consistent with their knowledge of best marketing practices, which knowledge may be different from the Client's. Results will vary with local markets and specific target markets.

INTELLECTUAL PROPERTY
Sold in a Snap agrees that any intellectual property provided to them by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.
Sold in a Snap will refrain from using such intellectual property upon the termination of this Agreement.
Sold in a Snap is not liable for any images provided by the Client that are copyrighted and used without permission.

LIMITATION OF LIABILITY
Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (including breach of contract, tort, negligence, or other form of action)—if said damage is the direct result of one of the party’s negligence or breach.

Sold in a Snap is not liable for any claims against the Client due to NAR, state or local association rules; including, but not limited to; brokerage display rules, or display of IABS or other legal form/document requirements.

CONFIDENTIALITY
All terms and conditions of this Agreement (and any confidential information provided by the Client to Sold in a Snap or vice versa) during the term of the Agreement must be kept confidential, unless the disclosure is required pursuant to process of law.
Disclosing or using this information for any purpose beyond the scope of this Agreement (or beyond the exceptions set forth above) is expressly forbidden without the prior consent of the Parties.
The Parties’ obligation to maintain confidentiality will survive termination of this Agreement and remain in effect indefinitely.
RELATIONSHIP BETWEEN PARTIES
Hereby, the Parties agree that Sold in a Snap in this Agreement is a service provider, as they provide the Services hereunder and acts as an independent contractor.
Sold in a Snap shall not be considered an employee under any circumstances.
This Agreement does not create any other partnership between the Parties.
This Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are entitled to enter into other Agreements with other parties.
OWNERSHIP
The Parties agree that all products created by Sold in a Snap will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.
AMENDMENTS
The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties to this Agreement. As such, any amendments made by the Parties will be applied to this Agreement.
ASSIGNMENT
The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented by both Parties in writing.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute or difference arising out of, or in connection with, this Agreement shall be submitted to negotiation, in accordance with and subject to the laws of Texas.
ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
LEGAL MISCELLANY

If a legal dispute arises, the Client agrees to a privately mediated settlement paid for by the Client. The Client will indemnify and defend Sold in a Snap and all employees against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation of, any use of, or relating to any Services furnished by Sold in a Snap.

Neither party will be liable for any delay in performing or failing to perform obligations if that delay or failure results from events or circumstances outside its reasonable control. Such delay or failure will not constitute a breach of this agreement and the time for performance will be extended by a period equivalent to that during which performance is so prevented, provided that if such delay or failure persists for more than 90 days, nothing in this Clause will be taken to limit or prevent the exercise by either party of its rights of termination under this Agreement without claim [arising from the termination] against the party defaulting by reason of force majeure cure, provided that any outstanding pre-existing claims will not be thereby terminated.

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

This Agreement will be construed under Texas law, without regard to its choice of law provisions. The state and federal courts for McLennan County will have exclusive jurisdiction over any dispute arising under or relating to this Agreement. The parties agree to proceed with a bench trial, and each hereby waive any right to a jury. In any such suit, the prevailing party will recover all costs incurred and a reasonable attorney’s fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Sold in a Snap, in the event enforcement of this Agreement becomes necessary.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.